A VA Government shutdown...what a GREAT way to start a Monday morning.

Congress decided it was more important to jockey for electioneering leverage than to fund the federal government, so on January 19, 2018, most functions of the Federal Government shut down.

Who stays and goes during a VA Government Shutdown?

It's hard to know exactly what and who will stay on through a shutdown at the VA, but you can read the entire 2017-2018 Shutdown Contingency Plan here.

It was published in August 31, 2017, so there is a good likelihood it is outdated, as the VA does not view transparency and communication with its constituency as a top priority.

Who Stays at Work or Goes home at the VA, BVA, OGC and VHA?

12,802 of the 22,986 VBA employees who process benefits programs are deemed essential and are "excepted" from the VA Government shutdown. This means that you will continue to see some work out of the VBA, but I suspect that they will focus on things link pension (since it's need based), Loan Guaranty, and Vocational Rehab issues. That's just my guess.

BVA is not "excepted" so all the BVA judges and their staff are on furlough. (*Caveat: there may be some carryover funds from FY 2017 that allow BVA judges to remain until those funds are expended...think of this like a "rainy day fund". We are unclear if this is going to happen or how many BVA judges will remain to work the docket).

Since the Court of Appeals for Veterans Claims (CAVC) remains open, about 188 employees at the VA Office of General Counsel (VA OGC) attorneys are "excepted" and will remain "on the job" to defend the government's interests.

DOJ Attorneys at the Federal Circuit have begun filing "Indefinite Stay Motions" in appeals from the CAVC to that Court.

330,565 of the 335,632 employees of the VHA (the health side) are deemed essential or are already funded by advance appropriations, and will not be furloughed.

If you have specific questions about how the VA Government Shutdown could impact your practice or your clients, please post a comment and I will do my best to get an answer for you.