110 Iowa L. Rev. 945 (2025)

DOWNLOAD PDF

Abstract

Aggregation of claims is an invaluable tool for administrative agencies that receive hundreds of thousands of claims each year. These agencies use a variety of tools, but one agency that does not aggregate claims is the Department of Veterans Affairs’ Board of Veterans’ Appeals. The Board of Veterans’ Appeals adjudicates each claim individually, which has become a problem considering the recent spike in claims filed with VA and appeals filed before the Board. As time has gone on, the number of claims has significantly increased, and mass adjudication is needed to alleviate some of that burden. Despite its value, aggregation is not available to veterans until they appeal to the Court of Appeals for Veterans Claims, a process that could take years. This situation is further complicated by the Federal Circuit’s 2022 decision in Skaar v. McDonough. In Skaar, the Federal Circuit’s new jurisdictional requirements for class members functionally eliminate class actions in an appellate posture. This Note argues that, as a result, veterans need a new method of mass adjudication. This Note proposes that the Board of Veterans’ Appeals should create its own procedure of agency adjudication, and the Court of Appeals for Veterans Claims should implement its own rules of joinder and consolidation.