Board of Veterans Appeals (Attorney Advisor)

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Possibly. But not safe from RTO. Have heard that our exemption request was denied and all SSCs RTO on March 17. No word yet on AAs or VLJs.

Can you provide any source for your “rumor”?

While a rumor is just that, a rumor, that seems like something so big that it would be difficult to go unconfirmed.

My SSC told me in a meeting yesterday. Check with yours.

Will confirm the SSC part. But no confirmation on the Board as whole (or otherwise) not receiving an exemption at this point. The SSCs were given an extension from rto due to no space availability. So, there is a different. As they don't generally draft cases, the work production will not slow due to their rto. Still awfully bad.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Possibly. But not safe from RTO. Have heard that our exemption request was denied and all SSCs RTO on March 17. No word yet on AAs or VLJs.

Can you provide any source for your “rumor”?

While a rumor is just that, a rumor, that seems like something so big that it would be difficult to go unconfirmed.

My SSC told me in a meeting yesterday. Check with yours.

Will confirm the SSC part. But no confirmation on the Board as whole (or otherwise) not receiving an exemption at this point. The SSCs were given an extension from rto due to no space availability. So, there is a different. As they don't generally draft cases, the work production will not slow due to their rto. Still awfully bad.

maybe. but what if they need to do hearings etc. I don't think a Veteran who has waited 3 plus years for a hearing would be very happy if the person on the other end is in some cow pen with 80 other people around. ridiculous. Cruelty is the point here. BVA works very well under remote conditions and they are just being cruel.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Possibly. But not safe from RTO. Have heard that our exemption request was denied and all SSCs RTO on March 17. No word yet on AAs or VLJs.

Can you provide any source for your “rumor”?

While a rumor is just that, a rumor, that seems like something so big that it would be difficult to go unconfirmed.

My SSC told me in a meeting yesterday. Check with yours.

Will confirm the SSC part. But no confirmation on the Board as whole (or otherwise) not receiving an exemption at this point. The SSCs were given an extension from rto due to no space availability. So, there is a different. As they don't generally draft cases, the work production will not slow due to their rto. Still awfully bad.

maybe. but what if they need to do hearings etc. I don't think a Veteran who has waited 3 plus years for a hearing would be very happy if the person on the other end is in some cow pen with 80 other people around. ridiculous. Cruelty is the point here. BVA works very well under remote conditions and they are just being cruel.

Accountability is the point here. Make sure you apply for transit benefits. I wouldn’t want you to be deprived of any transit benefits. The costs for five day a week RTO can really add up!

[Anonymous]

Anonymous wrote:Are AAs designated as essential? Where does OAO and OAS fall in terms of the BVA? Are they separate from AAs? Probie here and still trying to figure out the ropes. Thank you.

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Past emails re: potential shutdowns indicate that BVA's OAO and OAS employees are designated as essential during a lapse in appropriations. But that seems like a lot of people that would be exempt from RIFs.

AAs are generally expected to continue to work. The BVA is pre-funded and not impacted by a shutdown like most of the rest of the government.

As far as probationary status goes, good luck. They're evaluating probationary employees based on the DOC prior to your actual eval date, and prior to the 4/4/25 deadline, and terminating probationary employees based on present numbers. In short, BVA is doing to probationary employees what BVA did to non-probationary employees not too long ago.

By that I mean, BVA previously placed AAs on PIPs and took adverse actions against them for being behind on the DOC mid-cycle. The result was missed incentive payments, missed step increases, etc. The union took the situation to arbitration and prevailed, and BVA had to pay back-pay and remove adverse actions from employees' records because it violated the CBA. No similar protections protect probationary employees.

In other words, don't ever get behind on the DOC. BVA hired 200 new attorneys just before Trump. These are the 20% lowest producing attorneys at the Board, and with the pressure to shrink VA overall, the probationary employees have a big target on their back, and the new DVCs and secretary are seeing low hanging fruit with the probationary AAs.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are AAs designated as essential? Where does OAO and OAS fall in terms of the BVA? Are they separate from AAs? Probie here and still trying to figure out the ropes. Thank you.

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Past emails re: potential shutdowns indicate that BVA's OAO and OAS employees are designated as essential during a lapse in appropriations. But that seems like a lot of people that would be exempt from RIFs.

In other words, don't ever get behind on the DOC. BVA hired 200 new attorneys just before Trump. These are the 20% lowest producing attorneys at the Board, and with the pressure to shrink VA overall, the probationary employees have a big target on their back, and the new DVCs and secretary are seeing low hanging fruit with the probationary AAs.

Not saying I don't believe you but where are you getting that information?

[Anonymous]

BVA will be impacted by a shutdown if it goes longer than a week. There’s only enough funds to last 7 days after lapse. So we would be required to work without pay for the time after 7 days and would be paid once funding was passed. My source on this is my judge who was told this in his VLJ meeting today.

[Anonymous]

Also, told by my judge today. Whatever plans there were to get back the 4th floor of 425 I are dead in the water. Because of the RTO, other federal agencies have already been scouting the 4th floor so it’s going to some other agency.

[Anonymous]

And my judge said nothing came out of their DVC/VLJ meeting today. So consistently inconsistent.

[Anonymous]

Anonymous wrote:Also, told by my judge today. Whatever plans there were to get back the 4th floor of 425 I are dead in the water. Because of the RTO, other federal agencies have already been scouting the 4th floor so it’s going to some other agency.

BVA should try renting space at Tropical Smoothie next door.

[Anonymous]

Anonymous wrote:And my judge said nothing came out of their DVC/VLJ meeting today. So consistently inconsistent.

From my judge via DVC, funds are available for not a full pay period for a shutdown. Per union, RTO/RIF is less likely for the Board atm.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are AAs designated as essential? Where does OAO and OAS fall in terms of the BVA? Are they separate from AAs? Probie here and still trying to figure out the ropes. Thank you.

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Past emails re: potential shutdowns indicate that BVA's OAO and OAS employees are designated as essential during a lapse in appropriations. But that seems like a lot of people that would be exempt from RIFs.

AAs are generally expected to continue to work. The BVA is pre-funded and not impacted by a shutdown like most of the rest of the government.

As far as probationary status goes, good luck. They're evaluating probationary employees based on the DOC prior to your actual eval date, and prior to the 4/4/25 deadline, and terminating probationary employees based on present numbers. In short, BVA is doing to probationary employees what BVA did to non-probationary employees not too long ago.

By that I mean, BVA previously placed AAs on PIPs and took adverse actions against them for being behind on the DOC mid-cycle. The result was missed incentive payments, missed step increases, etc. The union took the situation to arbitration and prevailed, and BVA had to pay back-pay and remove adverse actions from employees' records because it violated the CBA. No similar protections protect probationary employees.

In other words, don't ever get behind on the DOC. BVA hired 200 new attorneys just before Trump. These are the 20% lowest producing attorneys at the Board, and with the pressure to shrink VA overall, the probationary employees have a big target on their back, and the new DVCs and secretary are seeing low hanging fruit with the probationary AAs.

Sounds like you’re spouting generalizations or speculation. We are only pre-funded at this point for 7 days, so get up to speed. And what’s your source on probationary employees? Plenty of GS14s who don’t stay green from week to week and then catch up. Haven’t heard of any of them getting fired.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are AAs designated as essential? Where does OAO and OAS fall in terms of the BVA? Are they separate from AAs? Probie here and still trying to figure out the ropes. Thank you.

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Past emails re: potential shutdowns indicate that BVA's OAO and OAS employees are designated as essential during a lapse in appropriations. But that seems like a lot of people that would be exempt from RIFs.

AAs are generally expected to continue to work. The BVA is pre-funded and not impacted by a shutdown like most of the rest of the government.

As far as probationary status goes, good luck. They're evaluating probationary employees based on the DOC prior to your actual eval date, and prior to the 4/4/25 deadline, and terminating probationary employees based on present numbers. In short, BVA is doing to probationary employees what BVA did to non-probationary employees not too long ago.

By that I mean, BVA previously placed AAs on PIPs and took adverse actions against them for being behind on the DOC mid-cycle. The result was missed incentive payments, missed step increases, etc. The union took the situation to arbitration and prevailed, and BVA had to pay back-pay and remove adverse actions from employees' records because it violated the CBA. No similar protections protect probationary employees.

In other words, don't ever get behind on the DOC. BVA hired 200 new attorneys just before Trump. These are the 20% lowest producing attorneys at the Board, and with the pressure to shrink VA overall, the probationary employees have a big target on their back, and the new DVCs and secretary are seeing low hanging fruit with the probationary AAs.

Sounds like you’re spouting generalizations or speculation. We are only pre-funded at this point for 7 days, so get up to speed. And what’s your source on probationary employees? Plenty of GS14s who don’t stay green from week to week and then catch up. Haven’t heard of any of them getting fired.

Of course GS-14 aren't fired for that. They can't be disciplined for it either. AFGE Local 17 already fought and won that challenge in arbitration. However, there's nothing stopping BVA from looking at probationary employees prior to the end of their probationary period and finding them unfit for being behind. And, that's what BVA is doing. Probationary employees are being termed for being behind prior to their anniversary and prior to 4/4/25. I'm not sure how many decisions behind they're allowed to be at any given time, but probationary employees ARE being terminated for being behind before their anniversary date and (obviously before 4/4/25).

[Anonymous]

My understanding is that the difference between probationary and non-probationary employees is not how often they’re evaluated but in what happens if they’re not meeting standards whenever it is that they are evaluated (fired for probationary, PIP for non-probationary).

[Anonymous]

Probationary employees are the low hanging fruit. They can be fired for things that non-probationary employees can get away with.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are AAs designated as essential? Where does OAO and OAS fall in terms of the BVA? Are they separate from AAs? Probie here and still trying to figure out the ropes. Thank you.

Anonymous wrote:

Anonymous wrote:https://www.reddit.com/r/VeteransAffairs/comments/1j49ls2/reorgrif_memo/

The leaked memo re: VA cuts

I think BVA is relatively safe based on the 2019 contingency plan.

Past emails re: potential shutdowns indicate that BVA's OAO and OAS employees are designated as essential during a lapse in appropriations. But that seems like a lot of people that would be exempt from RIFs.

AAs are generally expected to continue to work. The BVA is pre-funded and not impacted by a shutdown like most of the rest of the government.

As far as probationary status goes, good luck. They're evaluating probationary employees based on the DOC prior to your actual eval date, and prior to the 4/4/25 deadline, and terminating probationary employees based on present numbers. In short, BVA is doing to probationary employees what BVA did to non-probationary employees not too long ago.

By that I mean, BVA previously placed AAs on PIPs and took adverse actions against them for being behind on the DOC mid-cycle. The result was missed incentive payments, missed step increases, etc. The union took the situation to arbitration and prevailed, and BVA had to pay back-pay and remove adverse actions from employees' records because it violated the CBA. No similar protections protect probationary employees.

In other words, don't ever get behind on the DOC. BVA hired 200 new attorneys just before Trump. These are the 20% lowest producing attorneys at the Board, and with the pressure to shrink VA overall, the probationary employees have a big target on their back, and the new DVCs and secretary are seeing low hanging fruit with the probationary AAs.

Sounds like you’re spouting generalizations or speculation. We are only pre-funded at this point for 7 days, so get up to speed. And what’s your source on probationary employees? Plenty of GS14s who don’t stay green from week to week and then catch up. Haven’t heard of any of them getting fired.

Of course GS-14 aren't fired for that. They can't be disciplined for it either. AFGE Local 17 already fought and won that challenge in arbitration. However, there's nothing stopping BVA from looking at probationary employees prior to the end of their probationary period and finding them unfit for being behind. And, that's what BVA is doing. Probationary employees are being termed for being behind prior to their anniversary and prior to 4/4/25. I'm not sure how many decisions behind they're allowed to be at any given time, but probationary employees ARE being terminated for being behind before their anniversary date and (obviously before 4/4/25).

The 4/4/25 date is not a thing anymore. That was resolved weeks ago.

I haven't heard of any probationary employees being terminated prior to their "retention determination" around the 11 month mark. People leaving on their own? Sure.