Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become more complex, requiring Congress to amend the Veterans Affairs (VA) adjudication system. Specifically, this article advocates that one of the many levels of regional office review should be eliminated and that the Board of Veterans' Appeals should be regionalized to simplify the sys- tem and provide more timely decisions to our nation's veterans.
Rory E. Riley,
Simplify, Simplify, Simplify-An Analysis of Two Decades of Judicial Review in the Veterans' Benefits Adjudication System,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol113/iss1/8