The U.S. Court of Appeals for Veterans Claims held its 16th Judicial Conference, bringing together various stakeholders to discuss the current state and future improvements in Veterans law. Secretary McDonough addressed the attendees, reflecting on significant changes and ongoing challenges within the system.
Secretary McDonough began by acknowledging Chief Judge Michael Allen's contributions to Veterans law, highlighting his journey from a speaker at the conference in 2006 to his current role. He also commended Judge Margaret Bartley for her three decades of service, noting her efforts to ensure Veterans receive their deserved benefits.
The Secretary emphasized the importance of collaboration among judges, VA employees, attorneys, law professors, students, and Veterans. He stated that despite being on different sides of the table, everyone supports Veterans consistently.
McDonough reflected on legislative history, quoting Sonny Montgomery’s remarks during hearings leading to the passage of the Veterans’ Judicial Review Act in 1988: “Accurate, informal, efficient, and fair. These are the goals which have guided the committee in … expanding judicial review of VA decision-making.”
He highlighted two major changes impacting Veterans law: The Appeals Modernization Act (AMA) of 2019 and President Biden’s PACT Act in 2022. The AMA has streamlined appeals processes while offering multiple options for addressing denied claims. The PACT Act expanded VA healthcare eligibility for toxic-exposed Veterans and increased benefits claims significantly.
In 2023 alone, nearly 2 million benefits claims were processed—a record high—while this year has already surpassed that with over 2.4 million claims processed so far. Despite these achievements, McDonough acknowledged that there is still much work to be done to improve timeliness and efficiency.
McDonough shared letters from frustrated Veterans highlighting issues with long wait times and bureaucratic hurdles in receiving disability compensation and other benefits. For instance, Travis from North Carolina described “unacceptably long wait times” causing stress for him and his family. Chris from California expressed disappointment over repeated remands without resolution. Deborah from Tennessee recounted difficulties in obtaining widows' benefits after her husband’s death.
Addressing these concerns involves improving several aspects of the process:
1. Enhancing accuracy and quality in compensation exams.
2. Increasing efficiencies at the Board of Veterans Appeals.
3. Ensuring timely decisions by this Court.
4. Encouraging private counsel to choose faster options when appropriate.
McDonough urged all parties involved to focus on finality with urgency: "We need finality more quickly." He emphasized that achieving timely resolutions depends on actions by VA claimants, their lawyers, judges at every level.
He concluded by invoking President Biden's commitment: "Our nation’s only sacred obligation is...to care for them [Veterans] when they come home.” McDonough stressed that justice delayed is justice denied and called upon everyone present to make prompt benefit delivery a priority.
"Thanks for letting me be here today with you," he said before opening up for questions from attendees.
