October 16, 2024

Congressman Morgan McGarvey Introduces Bipartisan Legislation to Help Expedite Veterans Appeals Claims through Stronger Workforce

WASHINGTON, DC (October 16, 2024) – Recently, Congressman Morgan McGarvey alongside Congressman Gus Bilirakis (FL- 12) introduced H.R.9046, the Board of Veterans’ Appeals Attorney Retention and Backlog Reduction Act, which would allow the Board of Veterans’ Appeals (BVA) to increase the salary of its top attorneys to better recruit and retain experts in veterans law. 

“Veterans in Louisville and across the US deserve a speedy and efficient VA – especially when appealing a denied claim,” said Rep. Morgan McGarvey. “These decisions don’t come out of thin air, they require staffing by expert attorneys in veterans law which takes years to master. Whether in the public or private sector, the same principle applies: you can’t retain top talent by denying your employees competitive compensation. I’m proud to champion this bipartisan legislation to empower BVA with the tools needed to address the claims backlog, retain talented attorneys, and ensure our veterans get the benefits they’ve earned.”

“Too often, the Board of Veterans Appeals (BVA) continues to be a roadblock for timely processing of VA claims,” said Rep. Bilirakis. “The Veteran Appeals backlog unnecessarily delays our nation’s heroes from accessing the benefits they’ve earned and is a concern that has been raised by many of my constituents. Our bill addresses BVA performance and staffing concerns by creating a level playing field with BVA and other federal agencies.  When coupled with the quality assurance metrics and accountability measures we have recently pushed, this important piece of the legislation is a key part of the overall solution.”

"AFGE and the National Veterans Affairs Council commend Representative Morgan McGarvey and Representative Gus Bilirakis for leading H.R. 9046, the ‘Board of Veterans’ Appeals Attorney Retention and Backlog Reduction Act,’" said Douglas Massey, President of AFGE Local 17 which represents Board of Veterans' Appeals attorneys.  "This critical legislation will both raise the career ladder of the dedicated board attorneys who diligently process veterans' appeals and will improve the recruitment and retention of experienced attorneys at the Board, which will greatly reduce the backlog of Veterans' appeals."

The Board of Veterans Appeals (BVA) adjudicates appeals on veteran benefits, such as disability compensation and pension benefits. Though progress has been made, BVA is currently mired in a 200,000-case backlog with many citing staff turnover – due to lower relative compensation and lack of support by management – as the cause. In the May 2024 Partnership for Public Service “Best Places to Work in Federal Government” rankings, BVA ranked 444th out of 459. 

The Board of Veterans’ Appeals Attorney Retention and Backlog Reduction Act would allow BVA attorneys in non-supervisory roles to reach a GS-15 level on the federal pay scale, which represents about a $10,000 difference in salary from the current BVA cap of GS-14. Other entities within VA, such as the Office of General Counsel (OGC), allow non-supervisory attorneys to reach GS-15, often leading to attorneys “jumping” to OGC for higher pay. The legislation does not mandate new hiring or promotion of attorneys; it grants BVA the flexibility and tools to increase pay within its existing appropriations, just as in other entities at VA.

Rep. McGarvey previously spoke about the need for the bill at a Subcommittee on Disability Assistance and Memorial Affairs legislative hearing, asking VA Deputy Under Secretary Glenn Powers about the bill here and asking Mr. Nicholas Keogh, 2nd Vice President, Local 17, American Federation Government Employees, about the bill here

The bill text is linked here

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Congressman Morgan McGarvey represents Kentucky’s Third Congressional District, including Louisville and Jefferson County. He serves on the House Veterans Affairs and House Small Business Committees.