Past National Commander Alan Lance, Sr., a judge on the U.S. Court of Appeals for Veterans Claims, told the Legion’s Veterans Affairs & Rehabilitation Commission on Aug. 24 that staffing issues facing the court – along with an increase in appeals coming before it – could put the court in a precarious spot.
“Right now, we have nine judges, and we’re adequately staffed and prepared to deal (with the current caseload),” said Lance, the Legion’s national commander from 1999-2000 and a former Idaho attorney general. “Very soon, we’re going to start losing judges. Unless Congress reauthorizes the maximum strength of nine judges, that strength will be reduced to seven judges at about the time (the court’s caseload will increase).
“In addition to that, we have judges whose terms of service will expire, and it takes a while to get a judge nominated, confirmed and through the process. So … we’re going to be pretty busy, we think. I’m sure we’ll have some suggestions at the appropriate time, but right now we’re just watching it come down the mountain, trying to figure out when it’s going to hit and how much it’s going to be.”
In 2002, the Court of Appeals for Veterans Claims handled more than 17,000 cases. That caseload could approach more than 50,000 this year. “We’re prepared to deal with it right now, but as circumstances change, we may be coming back and explaining our problems to you,” Lance said.
An understaffed Department of Veterans Affairs’ Group 7 – attorneys tasked with more or less prepping cases to go before the Court of Veterans Appeals and then argue cases on behalf of VA – will impact the court, Lance explained. “They’re going to be requesting more time … and they’re going to slow up the appellate process if they’re not properly staffed,” Lance said. “Our court has no control over this. It’s the (VA) secretary’s bailiwick. But if (Group 7’s) processes slow down, then our processes will slow down. That’s my concern.”
