Current Status: Phase 3 - In Progress
Lit Support encompasses customer service, correspondence, motions, and receiving and routing CAVC remands at the Board. I call them the department of edge cases, because they often handle complex appeals scenarios.
Note: We first focused on Congressional Inquiries for Lit Support because the Chairman and LRP prioritized it higher than other Lit Support activities.
Scope
Out of Scope
Note: Items in _italic_ without a linked ticket or ticket placeholder do not require development work i.e. the functionality exists for these users in Caseflow today.
Stories
Litigation Support Team Member/Lead
Pulac-Cerullo (OGC/CAVC Liaison) Team
Scope
Stories
Scope
Stories
Straight Vacate and Readjudication decision, they can go through the typical attorney checkout flow to record their new decision (i.e. new issue dispositions). These new issue dispositions don't overwrite the previous decision, they are in addition to them, and need to be distinguished. (https://github.com/department-of-veterans-affairs/caseflow/issues/11254)Vacate and De Novo task, I want to assign the appropriate admin action, so that the first (of two) letters can be drafted and sent to the veteran, and the appropriate steps can be taken in the following scenarios:Straight Vacate and Readjudication or Vacate and De Novo decisions to judges, they appear in judges Review cases queue.Straight Vacate and Readjudication or Vacate and De Novo decisions. to be dispatched by BVA dispatch. (https://github.com/department-of-veterans-affairs/caseflow/issues/11255) Need to confirm who does this: Judges or the Drafting Decisions Attorney.Straight Vacate and Readjudication and Vacate and De Novo decisions?(LP updated this list 3/17)
In order of priority:
Epic: Mail) - See section to the right with complex mail and lit support scenariosCustom option in the hold time drop-down.See mapping of current state and WIP proposed task flows for Motions for Reconsideration in this Mural. Other Lit Support Motion types in this Mural
Some ideas raised:
Other questions:
Sketch from a design chat that @sneha-pai and I had. Outlines assumptions, questions, and the beginning of a flow for Motions Attorneys. All of this is reflected in the stories/AC above.
Discussion around creating a new motions record for post-decisional motions is in this ticket: https://github.com/department-of-veterans-affairs/caseflow/issues/9993
I have 2 main questions coming out of this morning's meeting that we will need clarification from lit support on:
. | Timeline of an Appeal Issue
--- | ---
A | Initial request
B | Decision on request issue
C | Request for reconsideration
D | Decision on issue after reconsideration
A: Motions only apply to Board Decisions
Types:
- A motion cannot be filed on the ruling from a motion, see answer to question 2. posed above.
Does that mean that if a motion for reconsideration (for example) is granted, the decision of that readjudication cannot be appealed?
AH ANSWER: This is correct. They can't appeal the motion decision. But, they could always keep filing a motion on the original BVA decision if the motion was denied and if they wanted to.
- How are Motion for Recon and Motion to Vacate cases redistributed to judges? They have the same docket number as the original appeal stream.
How do judges know they have more work to do for those appeals in VACOLS? Do they just pop back up in some report they run to see what work they have to do?
- Could we have multiple "appeal streams" with the same docket number?
Yes.
- is AOD Type a flag in the background?
No. We determine whether a case is AOD based on whether the appellant is 75 or if an AOD motion was submitted for the appellant after the appeal was created.
- is CAVC Type in fact a different appeal stream?
No, but it could be. We have not yet implemented any CAVC functionality for AMA appeals yet.
@lowellrex Answer to one of your questions in-line above.
Recapping the options we have, from my understanding:
1) Keep everything in one appeal. When a motion is filed, any work on that motion will be done in the original appeal. When a judge needs to issue a new decision for a motion to vacate or motion for reconsideration, they will do this from the original appeal. Only CUE cases that require review by a judge will be a new appeal stream in VACOLS because they have a separate docket number.
2) Create a new appeal stream whenever BVA is working a motion. The original appeal will be "preserved" and Motions Attorneys will have a "fresh" case where they can work tasks and add motion decisions to the issues on the case. When motions require a new decision by a judge, we distribute the new motions record for review.
Am I missing anything from either of these options @marvokdolor-gov @lowellrex ?
@allyceh Does 1. involve a bunch of motion tasks? And only CUEs result in a new appeal stream and docket number?
Whereas 2. involves new appeal streams for each motion that all have the same docket number as the original appeal? (Same thing goes for CUEs above - new appeal stream and docket number).
And @lowellrex which one is the more sensible engineering approach?
@marvokdolor-gov That is absolutely correct!
I think the approach that maps best to the actual process would be to keep everything in the same appeal and only create a new appeal (with a new docket number) for CUEs. I don't know how feasible this is in terms of creating new decisions and EPs though so maybe that doesn't work from an engineering standpoint. I'll defer to @aroltsch on the decision issue/EP creation question.
I think creating a new appeal will work fine with decision issues and EP creation. An EP is associated with a veteran file number in VBMS. @pkarman might have a better insight into the EP creation.
Do we need to create an EP for issues on the motion when they are intaken?
AFAIK we don't create EPs for Appeal request issues currently. Or are we using the word "appeal" here more generally to refer any of the 3 flavors of decision review?
I think the approach that maps best to the actual process would be to keep everything in the same appeal and only create a new appeal (with a new docket number) for CUEs.
I agree with this!
As for decision issues and EP creation, I think we'd need to determine:
I am going to move forward assuming we're keeping everything in the same appeal and only creating a new appeal (with a new docket number) for CUEs-- as outlined above. Design will be based on this approach.
On Lauren's questions:
1.
How do we track the motion decision (i.e. to grant or deny the motion - EXCLUDING the update to the decision issues that were on appeal) ? Is it on the motion tasks?
@lowellrex is this a question for you?
2.
If the motion leads to another decision:
Can decision issues be overwritten? Or, do we need to keep record of the former decision issues (that were vacated, reconsidered, etc.)?
I think the new decision would be on a new appeal (with a new docket number)?
How do we track the motion decision (i.e. to grant or deny the motion - EXCLUDING the update to the decision issues that were on appeal) ? Is it on the motion tasks?
@marvokdolor-gov @laurjpeterson @lowellrex Since multiple motions can be filed, I feel that it makes the most sense to track them on the task (or, as the user would see it, displayed on case timeline) (from a design perspective). @lowellrex , curious to get your eng input there.
Since multiple motions can be filed, I feel that it makes the most sense to track them on the task (or, as the user would see it, displayed on case timeline) (from a design perspective).
Agreed. I think we may need to create some data in addition to the task to record information specific to motion workflows. I imagine we could replicate the pattern we use for attorney_case_reviews and judge_case_reviews (among others) where we use the task as a jumping-off point for a more situation-specific workflow.
Update for @sneha-pai : Marvo and I went through these stories this afternoon and there were a few adjustments. The plan for next week is to have the kickoff and for me to wrangle the mocks to support what we need for phase 1!
Agree with your scope for MVP - thank you!
Open questions:
I have answers to the questions above from our documentation. This is taken from the Lit Support process flow in our Mural (Mural title is: Lit Support: Motions for Reconsideration).
how are motions to vacate or motions to reconsider sent to judge/attorneys/senior counsel
Met with a Motions Attorney today to get her reaction to our proposed MVP and ask her some questions about outcoding motions.

Outcoding notes:
Main questions:
Who do motions go to after they are outcoded, if anyone?
The motions work item is completed by outcoding - they are not assigned to anyone else.
What is this data used for?
It's needed for workload monitoring and System of Record purposes.
What do we need to replace the outcoding process with in Caseflow? If anything at all...
He referred us to Lit Support leadership on this one, so TBD.

Discussion about judges/attorneys working motion to vacate.
If we go the "overwrite" route (aka, judges editing or overwriting BVA decision issues when they want to vacate all or part of a decision), here is a prototype I put together yesterday to represent that flow: https://va-gov.invisionapp.com/share/63RPUKL28UP
It leverages existing designs we have for AMA issues.
Notes about CUE:
As discussed, here is a c number for a CUE decision that may/not assist in determining EPs/notification to the ROs/tracking until final for section five. Notably, I knew of a grant to-be-issued in Hopes, but that hasn’t been completely dispatched just yet. I don’t readily have another that reflects CUE grant readily available.
Kristy, I’m looping you in because Nina and I were a little confused as to the CUE docket. While they are separately docketed, are they being pulled in accordance with the general workable docket for legacy (7/18), or are they being pulled/assigned based on the CUE workable docket?
Example case: https://appeals.cf.ds.va.gov/queue/appeals/3949793
Generally, all AODs and Court remands for Board CUE are pulled first. There really are not that many Board CUE motions that are granted AOD or are returned from the Court.
“Regular” Board CUE Motions (i.e., those that are not AOD or Court remand) are assigned a docket number in accordance to when the Motion was filed. You can see some samples below from my VACOLS programming. While a non-Board CUE case is assigned a docket date based upon the Form 9 date, that is not applicable for Board CUE motions as they are post-decisional motions for which the Board has original jurisdiction. I have being pulling them up in docket date order based on the programming. I am not even sure the Board’s docket date restrictions apply to Board CUE motions given that they are post-decisional motions. Regardless, the Board CUE motions that I am assigning through SCT are still within the Board’s overall docket date.
Motion to Vacate flow storming
@sneha-pai

As of 4/1/2020
Overall Workflow
Denied/Dismiss Workflow
Granted Workflow
Current Status:
Internal testing for the all workflows developed has started with an end date 3/13/20.
_Next_: Final fixes associated with internal testing, UAT and stakeholder demo.
SME Demo 4/1/20 and 4/6/20
As of 4/20/20
Newly Added
As of 5/4/20
Remaining work #14066 placed on hold to solicit feedback via pilot activity. Foxtrot team designer @rutvigupta-design will take next steps pending pilot feedback.
Motion to Vacate has been released on 6/1/10.
Completed
I'm going to re-open this for now. There are a couple of open ends and since this is newly being used, we're learning there are a few more requirements to handle.
Most helpful comment
I am going to move forward assuming we're keeping everything in the same appeal and only creating a new appeal (with a new docket number) for CUEs-- as outlined above. Design will be based on this approach.