not very strange at all. that should speak for itself. |
Very true. Even some of the judges who are decent people can still be difficult bosses, because they demand nearly law-review levels decisions anytime you're denying anything. The Board's own data from a few years back confirmed two important facts that are obvious to anyone who's worked there 15+ years - the number of issues per case, and the number of documents per case have both risen dramatically. This means writing decisions has gotten harder, because there's a bigger file to review and more issues to address. So what has been management's response? Increase the quota (or attempt to increase it)! Heck, it took management 10+ years to even start factoring in issue count when considering whether you've met quota. Management talks all the time about "employee engagement" and all the usual buzzwords, but it's just talk. They really don't care. |
How does your judge have time to review all these law review level decisions? |
While I agree that some BVA judges expect their attorneys to write high quality decisions, most BVA judges do not prioritize quality. According to Stanford University, the U.S. Court of Appeals for Veterans Claims remands approximately 77.5 percent of BVA decisions due to serious errors of law or fact - the Court of Appeals reviews approximately 4,000 BVA decisions each year and remands approximately 3,100 of them. See Stanford Study at 245. Most Board attorneys know the reason for the high remand rate - management prioritizes quantity over quality to such an extent that Board attorneys have to take extreme shortcuts to meet the quota. That, in turn, causes problems at the Court of Appeals, as that court is focused on quality and not quantity. Stanford University study on BVA: https://dho.stanford.edu/wp-content/uploads/Ho_HandanNader_Ames_Marcus.pdf |
Here's a typical BVA decision. How long would it take you to review it? https://www.va.gov/vetapp21/Files9/A21016123.txt |
This is a sample of grants, so typically grants are shorter. Denials, on the other hand, are much longer. |
Ohhhh…. Cool inside information. Or they could just search on their own as the decisions are all public - https://search.usa.gov/search?affiliate=bvadecisions |
| Why isn’t there anything more recent than 2018? Is it because the response rate was pretty low and the report is so poorly written that its an embarrassment to the union? |
I'm disagree that the response rate to the survey was low. Approximately 395 out of 800 Board attorneys responded to that survey. While I admit that less than 50 percent of Board attorneys responded to the survey, that's still nearly 50 percent of the Board's attorney staff. There isn't anything more recent than 2018 because the union was essentially disbanded during the Trump Administration. Trump issued a series of executive orders in 2018 that drastically reduced the amount of time that union officials could spend on union activities. While these cuts did not officially disband unions at federal agencies, the cuts were so drastic that most unions, including the one at the Board, were forced to cease representational activities. Under the Biden administration, the union at VA is becoming more active, but right now, the focus is on negotiating return to work policies and other Covid related issues. https://www.fedsmith.com/2018/05/25/restricting-federal-unions-firing-poor-performers/ https://www.fedsmith.com/2020/05/29/dramatic-decrease-official-time-va/ |
The link takes you to a blank search box. It would be very difficult to search BVA decisions without knowing the relevant search terms. |
Typo correction. |
Correct. The other problem is that by law the agency does not have to bargain with the union directly about quota. They CAN negotiate things like implementation and how credits are applied. So, in addition to the open anti union hostility of the trump administration, the law is on the side of the agency when it comes to setting the quota. As long as we continue to have an appointee of the prior administration running the show, i do not expect anything reasonable to come from management. |
Pretty much. BVA management loves that "our union partners" talk, but their actions tell a far different story. Look how long (10+ YEARS!) it took before they'd actually allow proration of the quota for taking annual leave, etc. It's ridiculous it took this long to be able to take leave without having to come in on weekends beforehand to "get ahead" of the quota so you're not being harassed by your supervisor when you get back. |
| Someone earlier, who was thinking of applying to this position, had posted something along the lines of...if they were unable to meet quota, they would just resign. Let's say if that's the case, you are behind on your quota and you VOLUNTARILY quit (so not because you are on PIP etc) , and then later on in your career, you decide you want to come back to BVA, would your previous inability to meet quota negatively affect future hiring opportunities? |
If you were unable to meet the quota during your first stint at BVA, it is unlikely that management will want to rehire you. However, even if BVA rehires you, what makes you think that you would be able to meet the quota during your second stint? The bigger question is why would you want to return to a workplace where you were unable to perform? |