Board of Veterans’ Appeals hearings
The Board will continue to conduct hearings during a funding lapse. This includes "Videoconference"/in-person hearings where the Veteran and representative report to a Regional Office and connect to the VLJ from there. Although VA regional offices are otherwise closed to the public during a funding lapse, VA will continue to conduct these videoconference hearings. The Board is working to contact Veterans and representatives to provide information on their scheduled Videoconference/in-person hearings, including the option to convert to “Virtual” hearings where the Veteran connects to a VLJ from the Veteran's home or other location (not a VA regional office) and the Representative from a third location. For hearings that remain scheduled in regional office space, Veterans and VSOs will be allowed access to the building for that purpose. VBA support staff will be available in person starting approximately one hour prior to the start of the hearing. VSOs are encouraged to coordinate questions directly with regional offices.
Veterans Benefits Administration Mail
Question: What is the process going to be for any mail, documents, evidence received in the VAROs addressed to VSOs that may be time sensitive or otherwise?
Response: Due to the Government shutdown, VA benefits regional offices are closed. Personnel are not available to assist the public in-person or virtually. In the event of a prolonged shutdown, VA will continue to review and update its plan in conjunction with the applicable legal requirements and circumstances. Please note that the “date of receipt”, as defined in 38 CFR 3.1(r), refers to the date on which a claim, information, or evidence was received in the Department of Veterans Affairs, to include its regional offices, out-based facilities, outreach sites, claims submission service website(s), and/or Centralized Mail (CM) scanning vendor. The date of receipt acknowledged and recorded in accordance with the procedures outlined in M21-1, Part II, Subpart i, 2.B, does not encompass or include date of receipt by a VSO office or representative.
Question: Will the Secretary use his authority to extend any filing dates that may be in jeopardy to ensure there is no harm to the claimant?
Response: Federal regulations in 38 CFR 3.109(b)permit the Veterans Benefits Administration to grant extensions of time limits required for certain actions, provided good cause is shown for the delay. VA may also postpone final action on a claim if good cause can be shown for a claimant’s failure to take a required action, such as not reporting for a scheduled examination or hearing. (See 38 CFR 3.105(i)(2) and 3.655.) The infeasibility of transmitting mail in light of a Federal government furlough and associated physical office closures would constitute a showing a good cause. Claimant requests for extensions of time limits under 38 CFR 3.109(b) apply to submissions of claims and claim-related information, as well as when contesting a VA decision or requesting decision review. As there is no specific form requirement for requesting good cause extensions of time limits and timely filings, VBA will accept such requests on any form or written documentation.