BREAKING NEWS! VA Furloughs Surge Past Predictions: What This Means for Your Appeal ⚠️

Just as the U.S. Court of Appeals for Veterans Claims ruled that your appeal deadlines remain in effect despite the government shutdown and the government lawyers must move forward during the shutdown, the situation at the Department of Veterans Affairs has significantly worsened. VA Secretary Doug Collins revealed on October 22, 2025, that approximately 30,000 VA employees are now furloughed or working without pay—nearly double the 14,874 employees originally projected in the agency's contingency plan.

This dramatic increase represents a critical challenge for veterans navigating the appeals process. The Court made clear that filing deadlines will not be extended. Yet the workforce available to process cases has shrunk far beyond initial expectations.

In a letter to Senate Minority Leader Chuck Schumer dated October 22, Secretary Collins warned that the situation will deteriorate further. The VA plans to furlough most of its central office employees next week, potentially bringing the total to nearly 50,000 furloughed workers. Collins wrote that "the uncertainty this shutdown creates threatens to erode the trust of America's more than 17 million veterans who may question the government's commitment to those who served".

The human impact extends beyond statistics. Over 109,000 veterans enrolled in the Veterans Readiness and Employment program cannot receive counseling or case management services. More than 16,000 service members transitioning from active duty cannot access VA briefings designed to help them enter civilian life. Nearly one million veterans cannot reach the GI Bill hotline for critical education benefits information.

VA regional benefits offices where veterans seek answers about disability claims remain temporarily closed. The Veterans Benefits Administration staff continues processing claims but without paychecks. Secretary Collins acknowledged that "benefits are being processed by people not getting paid".

The VA's original contingency plan projected that 97 percent of its 461,499 employees would remain working during a shutdown. That plan assumed the Veterans Health Administration would continue fully funded through multi-year appropriations, with only limited furloughs affecting administrative functions. Reality has proven far different.

Instead of the projected 14,874 furloughed employees, the VA now reports approximately 30,000 employees furloughed or working without pay—more than double the original estimate. The advance appropriations that were supposed to shield the department have been exhausted faster than anticipated. Services the contingency plan explicitly stated would continue—including the GI Bill hotline, transition assistance programs, and VA regional benefits offices—have been suspended.

The assumption that VHA funding would remain intact collapsed as the shutdown extended beyond the short-term five-day window the plan was designed to address. Secretary Collins now warns that furloughs could reach 50,000 employees as central office operations shut down entirely, leaving the workforce at barely 89 percent capacity rather than the promised 97 percent. The gap between projection and reality demonstrates how quickly funding buffers can erode when political deadlock extends beyond expected timelines.

For veterans with appeals before the CAVC, this creates a precarious double bind. Your deadlines have not changed. The 120-day window to file a Notice of Appeal from a BVA decision remains strictly enforced. However, the agency you are appealing from now operates with 30,000 furloughed employees—double the original projection—potentially climbing to 50,000 next week. This workforce was already stretched thin before the shutdown began, with the Board's active docket exceeding 200,000 pending cases.

The downstream consequences extend beyond just winning your appeal at the CAVC. Even if you successfully obtain a remand from the Court—the most common outcome, occurring in approximately 80 percent of CAVC appeals—you face additional delays in receiving your benefits. Remanded cases must return to the Board, which then sends them back to VA regional offices for corrective action. Under normal circumstances, regional offices take an average of 379 days to process remands, while the Board itself requires approximately 76 days. The total remand process typically spans three to twelve months, though complex cases or those caught in backlogs can extend to eighteen to twenty-four months or longer.

Now factor in that VA regional offices are temporarily closed during the shutdown. The claims processors who would implement your remand are working without paychecks. The attorneys who would represent the VA in processing your corrected claim have been furloughed. Even when the shutdown ends, these remanded cases will join an already massive backlog at understaffed regional offices that were struggling with delays before the funding lapse began. This means veterans who win their CAVC appeals during this period may face unprecedented delays in actually receiving the long-awaited benefits they fought years to obtain.

Unfortunately, the shutdown has become deeply partisan. Secretary Collins urged Congress to pass a clean continuing resolution adjusted for inflation to reopen federal agencies. In his October 22 letter to Senator Schumer, he emphasized that "reopening the Government would reaffirm that our Nation's duty to Veterans transcends party divisions and political stalemates".

However, Senate Minority Leader Schumer responded sharply to Collins' letter, accusing the administration of "delivering a one-two punch to America's heroes: first, firing thousands of VA workers and canceling lifesaving care, and now, threatening to cripple 267,000 veterans with crushing health costs by refusing to extend ACA tax credits".

Yet amid this partisan dispute, one principle should remain inviolate: our obligation to those who served transcends political divisions. Caring for veterans is America's "sacred obligation". This is not Democratic or Republican rhetoric—it is a principle embedded in the nation's DNA since President Lincoln urged us "to care for him who shall have borne the battle and for his widow, and his orphan".

Veterans cannot afford to wait for Washington to resolve its budget disputes. If you have received a BVA decision within the past 120 days, act immediately to protect your appeal rights. If you have pending briefs or pleadings due at the CAVC, prepare and file them on schedule. The Court will not grant extensions based on the shutdown.

This moment demands vigilance. The gap between the VA's projected furloughs and the reality on the ground demonstrates how quickly circumstances can change. Do not assume your case will receive normal processing times. Engage experienced counsel who understands how to navigate the appeals system during periods of agency disruption.

Your service to this nation was unconditional. Your right to appeal an adverse benefits decision should be equally steadfast—but only if you take action to protect it. 🇺🇸⚖️