‘Veterans court’ faces a backlog that continues to grow

By the time Bruce E. Kasold became chief judge in August, hundreds of cases were awaiting decisions. Retired judges had been helping with motions and simpler cases, but Kasold decided to turn more complex cases over to the retirees, who work with the help of staff attorneys.

“I’m looking at this, and I thought, ‘Whoa, all these cases are sitting in chambers,’ ” said Kasold, a retired Army lieutenant colonel. He said the backlog in chambers has eased, but more than 800 cases are awaiting action earlier in the pipeline, where staff attorneys write memos offering recommendations.

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Some lawyers argue that the press of business has forced the court to take shortcuts, a criticism the judges deny.

One senior judge decided two cases, which had been dormant for months, in a single day, according to a lawyer for those veterans. “How can that happen in 24 hours?” said the lawyer, who spoke on condition of anonymity to not offend the court. “Did he even read the briefs?”

‘I felt so horribly betrayed’

The decisions came slower for Philip Cushman, creating a case that stretched over more than three decades.

When he served in Vietnam, a sandbag fell on his back, causing injuries that led to four surgeries. The VA ruled that he was 60 percent disabled, but he said the pain would not allow him to work.

Cushman filed for total disability in 1977 and was repeatedly rejected before winning in 1994. Three years later, when he sought an adjustment that would increase his benefits, he discovered that his medical record had been altered to make his injury appear less severe, according to court documents.

“I felt so horribly betrayed,” said Cushman, 67, of Oregon.

The VA admitted that the record had been altered, court records show, but the agency rejected his new request. Then, Cushman began a seven-year odyssey at the veterans court, which considered three appeals and upheld the VA’s decision.

Cushman then tried the regular federal courts and in 2009, a federal appeals court in Washington ruled that his constitutional rights had been violated.

This year, the VA awarded Cushman nearly $175,000 — payments for benefits he should have received earlier.

Cushman’s attorney, Gordon Erspamer, faulted the VA and the veterans court, saying the court “very assiduously avoided tackling the issue” of his client’s constitutional rights. The judges, he said, are “under huge pressure to find an easy way to dispose of cases.’’

The court declined to comment.