Just got this informative news bite on BVA costs versus performance output from a good friend and former Veterans Law Judge. Being an incredibly smart fellow, he wisely parted company with the BVA and sought employment at one of the unarguably finest outfits representing Veterans before the Department of Veterans Affairs. I speak, of course, of Chisholm, Chisholm and Kilpatrick. Attorney (and partner) Christine Clemmons does a wonderful job delivering devastating news on the Board of Veterans Appeals’ lack of progress in spite of onboarding 35 more Judges in the last year. I personally think the increase in the budget is heavily impacted by these new Judges’ salaries. They ain’t cheap… but then, nothing’s cheap north of Richmond from what I hear tell.
You can watch the bloodshed here:
The worst stat I heard which rolled my socks down was the cost per claim to adjudicate an appeal year over year. Think $1,695 per claim in 2020. Now think $2,760 per this fiscal year. If you think that isn’t terrible on a one-off basis, think about my greenhouse claim. I’ve been working that diligently since March 20, 2011 including two CAVC Ex Writs and two trips to the Board already. I’ll be flying back to DC again for Hearing number 3 directly due to the forced recusal of a certain VLJ who shall remain nameless. Hey, all I did was ask for recusal. It’s not like I insisted she be hoist on her own pétard.
If you read the grant, you’ll note the Deputy Vice Chairman, Thomas M. Rodriguez, stated: “It is the decision of the Board to act on its own motion to recuse Judge _________…”. Shoot. All I needed to do was draw arrows to the Hearing Transcript in my VBMS file and ask them to peruse a few verses. And here I went and wrote ten pages of carefully thought out prose with expletives deleted-all for naught.
Now, don’t get me wrong. I do love flying back to DC and shooting the shit with Thomas Williams. He’s the Greeter who serves drinks and ushers us in to the ‘courtroom’ at VACO to be introduced to the presiding judge (VLJ). We’re on a first name basis now. We both own horses and have a lot in common except for our height. He’s about 6’6″ easily. I get a crick in my neck looking up when I greet him. But there are other, far more personal reasons to go back, too. I like to visit the the Wall. Lots of friends and lots of memories chiseled in that black granite. And most of all, I get some quality time with my dad over at ANC.
In sum, we’re spending far too much for justice that is slower than the seven year itch. The AMA was touted as a panacea to end all panaceas. So far, all I can see is two more miles of darkness tacked onto an incredibly long tunnel already with no respite in sight. It’s almost like Ronald Reagan famously said- “What are the nine most dreaded words you’ll ever hear?”- I’m from VA and I’m here to help you.
And that’s all I want to say about that.





Using today’s fav buzzword, the wasteful appeal costs are not sustainable.
Surely you wouldn’t say that hiring new judges with absolutely no veterans’ law experience was a bad idea?
Hard to say. They hired folks like Cryan who have 20 years of experience as staff attorneys and look at the poor quality. Seems Homer Simpson’s trained monkey Mojo could do equally as well.
I am absolutely astonished at the individual cost for my BVA appeal, unfortunately after multiple years of waiting for my face to face hearing they scheduled us at a place and time then when we arrived they had no idea of our hearing? Then after much nonsense they hurried a so called judge over the Internet for our hearing. This guy had no idea of my appeal and was like a one legged man in an ass kicking contest.. so much for my face to face? Then there was the employee claiming Alex was being condescending? Oh and the expense of getting there and sleeping and eating,,, these folks are Penney wise and dollar foolish… and really could care less for the veterans… disgusting
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