Resolutions call for increased oversight of VA’s Medical Disability Examination Office, and for Congress to expand permananet judgeships from seven to nine on the U.S. Court of Appeals for Veterans Claims.
At its Fall Meetings last October, The American Legion’s National Executive Committee adopted two resolutions that originated from David C. Harrison Post 14 in Smyrna, Del.
Resolution No. 11 calls on Congress to increase its oversight of VA’s Medical Disability Examination Office (MDEO), which is responsible for managing VA-contracted examiners who perform Compensation and Pension (C&P) Examinations.
Resolution No. 12 urges the U.S. Congress to expand the number of permanent judgeships on the U.S. Court of Appeals for Veterans Claims (CAVC) from seven to nine.
The CAVC currently has seven permanent judgeships and two temporary positions, which are scheduled to expire in 2026 unless permanently authorized by Congress. Resolution No. 12 states that a “reduction in the number of CAVC judges is not in the best interest of America's veteran community and its right to due process, as the number of claims submitted for VA benefits continues to rise….”
In fact, Since FY 2017, the CAVC has seen a 121percent increase in the appeals it receives annually, with no foreseeable reduction in workload, given the substantial increase in claims submitted under provisions of the Promise to Address Comprehensive Toxics (PACT) Act.
In 2016, VA established the MDEO to manage contractors that are responsible for the performance of C&P exams. Since then, VA's Office of Inspector General (OIG) reported deficiencies at 114 out of 135 VA-contracted examination facilities that were inspected.
In addition, the resolution states: “The American Legion's service officers, accredited representatives and national staff have reported numerous problems with VA-contracted C&P exams, including poorly trained examiners, unqualified practitioners, questionable ‘medical facilities,’ inadequate medical opinions and disrespectful attitudes toward patients….”
VA has spent more than $10 billion on VA-contracted exams since 2017 and estimated a dramatic increase in expenditures – more than $5 billion – for FY 2024.
The resolution urges Congress to increase its oversight of the MDEO “to ensure more efficient, cost-effective management of VA-contracted vendors that will substantially increase the quality of [C&P Exams] for America's veterans and dependents.”
The two resolutions were adopted in February 2025 by Post 14’s Executive Committee and passed by the Department of Delaware’s Executive Committee last July. Each resolution is now an official part of The American Legion’s national legislative policy.
- Dispatch