AUTOMATIC WAIVER OF REVIEW OF NEW EVIDENCE BY AGENCY OF ORIGINAL JURISDICTION
VA Fast Letter 14-02 is intended to increase efficiency in the appeals process. Pursuant to 38 U.S.C. § 7105(e), evidence submitted by the veteran or veteran’s representative at the time of or after receipt of the Substantive Appeal(VA Form 9) is subject to initial review by the Board. 38 U.S.C. § 7105(e) provides that the Board can initially review any evidence submitted on or after February 2, 2013.
Prior to the addition of to 38 U.S.C. § 7105(e), VA regulations precluded the Board from considering evidence submitted in connection with or after an appeal unless the Veteran waived the right to Agency of Original Jurisdiction consideration of the evidence. Congress determined that requiring waiver of consideration by the Veteran resulted in significantly delayed appeals and unnecessarily expended VA resources. With each submission of evidence by a veteran, the Agency of Original Jurisdiction was required to issue a Supplemental Statement of the Case and allow the Veteran an additional 30 days to respond.
38 U.S.C. § 7105(e) is a step in the right direction towards decreasing processing time for Veteran’s claims. If you are a Veteran who would like more information on how to file or how to further pursue an already filed claim for Veteran’s Disability benefits, call the experienced attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly, P.C. is proud to serve Veterans across the Gulf Coast, including, Alabama, Florida, Mississippi, and Louisiana.