(Special District Manager Letter No. 81. Canceled by General Order No. 190-B) PLAN OF REORGANIZATION OF THE BOARD OF APPEALS, CENTRAL OFFICE, UNITED STATES VETERANS' BUREAU JANUARY 15, 1924. The following general outline of the plan of reorganization of the central office board of appeals, with accompanying chart, is brought to your attention in order that the recent reorganization of that board may be more fully understood: PREFACE The adjudication of claims and the deciding of other questions which come before the board of appeals, central office, make it perhaps the most complex and exacting as well as one of the most important functions of the bureau. This appears not to have been fully realized in the past, as evidenced by the inadequate personnel of the board and its general improvised methods of procedure. It is believed that the following contemplated plan of reorganization will raise the standard of efficiency of the board. By glancing at the attached chart the contemplated general plan of reorganization can be more readily visualized. UNITS OF THE BOARD The board shall consist of the following units: 1. A chairman. 2. An advisory group, consisting of three members—a lawyer, a doctor, and a claims man. 3. The reviewing section of the board, which shall be divided into four groups, with four members in 4. A distributing officer to the reviewing group, who shall also be chairman of the briefing section. 6. A distributing clerk to the briefing section. 7. A secretary to the board. HOW THE BOARD FUNCTIONS AND THE DUTIES OF ITS MEMBERS The case folder is started through the board by its distribution to a member of the briefing section by the distributing clerk to the briefing section, and then (as per the attached chart) its progress is upward through the different units of the organization until it reaches the secretary to the board, who forwards same to its proper destination, after final action thereon. The duties of all members of the briefing section shall be to prepare a complete and accurate statement of facts, for and against, bearing upon the question at issue, and set out chronologically, together with their opinions and recommendations thereon. Each report or brief when complete shall be signed by the member making same and forwarded to the chief of his group, who shall, if he deems the facts thereon accurately drawn, forward same to the chairman of the briefing section for distribution to the proper group of the reviewing section. The opinion or recommendation of the member making the report or brief shall not be binding upon the group of the reviewing section to which same is assigned, but such opinion or recommendation shall serve as a guide only. The essential function of each member of the briefing section is to extract from the file or case folder all material facts in the case. Each group of the briefing or preparation section shall be so "personnelled" with regard to the different questions involved in cases coming before the board as to be capable within itself, in so far as practicable, of finding and briefing the facts in any and all cases. Cases shall be rated in the briefing section. The distributing officer to the briefing section shall determine the nature of the question involved from the prepared brief or report, and shall then forward same to the proper group of the reviewing section. The distributing officer to the reviewing section shall also be chairman of the briefing section, and shall supervise and instruct in the preparation of briefs or reports, and shall be responsible to the chairman of the board for the correctness of the briefs and the volume of the output. The chairman of the briefing section shall, if found necessary, have a secretary or assistant. The reviewing section shall be divided into four groups, each group comprised of four men, as aforesaid. The constituent members of each group are shown upon the attached chart. A legal man shall be chairman of Group 1; a medical man shall be chairman of Group 2; a rehabilitation man shall be chairman of Group 3; and a claims man shall be chairman of Group 4. All members of each group shall be capable of writing and shall write opinions upon the cases assigned to them. Each opinion shall be signed by the member writing same. All members of each group shall review each opinion written by any member of their respective group, and so many as concur in the opinion of the writer shall so signify above their signatures. Such members of the group who do not concur in the opinion of the writer shall write dissenting opinions thereon. The chairman of each group shall be responsible to the chairman of the board for the correctness of the opinion of each group. The case, together with opinions thereon, shall then be forwarded to the advisors to the chairman, who shall be three in number, as aforesaid—a doctor, a lawyer, and a claims man-whose duties it shall be to detect and check all errors and irregularities in opinions coming from the different groups of the reviewing section on their way to the chairman. They shall make note of such errors for the attention of the chairman. When in the judgment of the chairman and his advisors an opinion is in error, it shall be returned to that group of the reviewing section from whence it came, together with a notation of the error and a request for correction. The number of the members of the board passing upon a question may be five; that is, the four members constituting any reviewing group and the chairman of the board. Two or more members of any one reviewing group agreeing upon a question, together with the concurrence of the chairman, shall constitute a majority opinion, and shall be the opinion of the board. In cases, where, in the judgment of the chairman and his advisors, an opinion which has been concurred in by three or more members of a reviewing group is in error, and they refuse after request to reverse their opinion, the chairman shall have the authority to refer the case to another group of the reviewing section. The chairman shall be responsible to the director for the efficiency of the board and the soundness of its opinions. The secretary of the board shall attest the signatures of the members signing final opinions of the board, and forward the files to their proper destination. In instances where a claimant desires a copy of the opinion of the board in his case, a brief of such opinion shall be forwarded to him, provided such opinion does not contain matter scandalous in its nature, and which would, if known, tend to degrade the claimant in society or otherwise embarrass him, or and if, where the claimant is suffering from a mental or nervous disease or disorder and the nature of the ailment, together with the condition of the claimant is such that if the condition is made known to the claimant, same would in sound medical discretion aggravate the claimant's condition or otherwise retard his recovery. Where opinions are written upon cases appealed to the board by district managers or other agencies of the bureau, a complete copy of the opinion of the board shall be furnished the district manager or other agency of the bureau making such appeal. HEARINGS The secretary of the board shall calendar all cases scheduled for hearing. A representative of the legal division will be furnished to present the claimant's case before the board, if it is requested by the claimant. Hearings shall be conducted in an orderly and dignified manner, in a room set aside for that purpose, which room shall be maintained in a neat and orderly condition. Likewise, a respectful attitude toward the members of the board sitting in the hearings shall be demanded of claimants or their representatives. All witnesses appearing before the board shall be duly sworn before testifying, and in cases where it is deemed necessary or advisable by the majority of the members of the group before whom the hearing is to be had, or by the chairman of the board, a reporter shall be procured for the purpose of recording the testimony given at such hearing. Only the group which will write the opinion in the case shall sit in the hearing of such case. OPINIONS Per It is generally desirable that opinions be confined to discussions of the law and the facts in the case. sonal opinions, except when same deal with the facts in the case and the law applicable thereto, or when used in unusual cases, are generally to be avoided as unreliable and beside the question. Where an opinion rests upon a provision of the act, a regulation, or a general order of the bureau, the provisions of the act, or the regulation, or the general order, or the provision or provisions thereof, shall be cited. Where a legal or medical opinion is based upon legal or medical authority not contained in the act, regulations, general orders, or upon the legal precedents of the bureau, such authority shall be cited in the opinion. In writing opinions, no particular set-up or style is demanded, but clearness, brevity, and simplicity of expression are preferred. FRANK T. HINES, Director. (Special District Manager Letter No. 82. Obsolete) JANUARY 30, 1924. It has been brought to my attention that the provisions of General Order No. 117 relative to the arrangement of papers in the case files are not being adhered to in some districts. Attention is invited to the danger which will grow out of different procedures in handling case files in the districts, of increasing administrative expenses by requiring a rearrangement of the file each time it is transferred, or by causing wrong action to be taken on cases due to the lack of familiarity by the personnel of one district with the arrangement of another district. The matter of changing the arrangement of papers in case files, as authorized by General Order No. 117, is at present receiving consideration in central office, and until a procedure suitable for adoption in all districts is promulgated, the provisions of the above-mentioned general order must be strictly adhered to. It is not the intention to discourage initiative in the districts, but in a matter of this kind which affects directly the accuracy and economy of action on claimants' cases it is extremely desirable that any suggestions which a district may have toward improving the service should be forwarded to central office for approval before being adopted. All district managers who have not already made suggestions on this subject are requested to do so in order that full consideration may be given to their ideas relative to improving the arrangement of papers in case files. FRANK T. HINES, Director. (Special District Manager Letter No. 83. Canceled by General Order No. 259-B) MARCH 24, 1924. I have authorized the organization of a division in the control service to handle guardianship matters, and the order setting forth in detail the duties of the new organization will be released at the earliest possible date. In addition to the personnel in the central office, there will be in each district and subdistrict office where warranted an employee to be known as guardianship officer, who will exercise control over the faithful enforcement of the laws of United States and States having jurisdiction and regulations of the Veterans' Bureau relating to guardianship matters. District managers will nominate guardianship officers, one for the district office and one for each subdistrict office. The nominee should be in each case a person who is an attorney who has had experience in probate court practice, and who will have the confidence of the probate court as well as of the representatives of exservice organizations and welfare organizations, and need not necessarily be a full-time employee in the bureau. The district manager will determine the number of beneficiaries in each subdistrict who are rated as mentally incompetent, and recommend salaries in accordance with the amount of work to be accomplished. It is requested that nominations for guardianship officers, together with statement of their qualifications, be forwarded to the central office, attention assistant director, control service. (Special District Manager Letter No. 84. FRANK T. HINES, Director. Obsolete) NOTIFYING CLAIMANTS WHEN TO APPEAR BEFORE CENTRAL BOARD OF APPEALS APRIL 7, 1924. Many claimants arriving in Washington request an immediate personal hearing before the central board of appeals prior to the time their case file has reached central office. It has been found that in the majority of such instances these claimants journey to Washington immediately upon receiving advice from a district office that their case files are being forwarded to Washington. Nothing can be gained by a personal hearing in the absence of the case file, and many of the claimants appear not to have sufficient funds to await the arrival of the case file. In order to relieve this situation, it is directed that the following statement be embodied in letters advising claimants that their case files are being forwarded to central office: "Should you wish to appear personally before the central board of appeals, you should request that board to advise you when you may appear in person, and not journey to Washington until such advice has been received. Such appearance does not involve any expense to the Government." FRANK T. HINES, Director. (Special District Manager Letter No. 85. Canceled by Regulation No. 98) REEXAMINATION TO DETERMINE PERMANENT RATINGS MAY 31, 1924. Reexamination of claimants for the purpose of determining permanent ratings should be made in accordance with Regulation No. 47. Attention is called to the fact that this regulation superseded special District Office Letter No. 46. In order that central office may have information that the rating was properly given under the procedure as outlined there should be typed or stamped on both the report of physical examination and the rating sheet the words, "under Regulation No. 47." This should be done in all cases whether or not permanent rating is warranted. The report of the examinations should be signed by the three physicians designated by the district manager to act as a special board on the case. The signed copy of the report of physical examination and signed copy of the rating sheet will be securely fastened together when forwarded to central office. FRANK T. HINES, Director. (Special District Manager Letter No. 86. Canceled by Circular No. 243) MAY 31, 1924. In order that an accurate record may be kept of all employees in the bureau serving on a fee basis, you are requested to submit to the central office, attention personnel division, beginning at once, individual recommendations on all attending specialists on a fee basis, all designated medical examiners on a fee basis, and all designated dental examiners on a fee basis, whom you desire to appoint for the fiscal year 1925, beginning July 1, 1924. Every effort should be made by you to have these recommendations in not later than July 1, 1924. It is further requested that individual recommendations be made discontinuing the services of any attending specialists on a fee basis, designated medical examiners and designated dental examiners on a fee basis, whom you do not desire to appoint for the fiscal year 1925. No person who is at present carried on the rolls of the bureau on a salary basis shall be recommended for employment on a fee basis unless the recommendation carries with it instructions to discontinue the salary. FRANK T. HINES, Director. (Special District Manager Letter No. 87) ERRORS APPEARING IN DIRECTIONS ON PAGE 1 OF FORM 526, APPLICATION OF VETERANS DISABLED IN THE WORLD WAR FOR COMPENSATION AND VOCATIONAL TRAINING * * * JULY 3, 1924. Attention is called to the fact that Form 526, revised, December, 1922, contains the following discrepancies: * state in answer to question No. 35 Page 1, Paragraph V (4) "* should read "state in answer to question No. 32." * * Page 1, Paragraph VI. "* Information must be furnished as called for in questions 39, 40 and 41," should read, "Information must be furnished as called for in questions 36, 37 and 38." Before distributing to applicants any copies you now have in stock or receive in the future of the December, 1922, revision of Form 526, you are instructed to correct these discrepancies. Rubber stamps to block out the wrong question numbers and insert the correct information may be used for this purpose. GEORGE E. IJAMS, Acting Director. (Special District Manager Letter No. 88. Obsolete) STANDARDIZATION OF FORMS AND FORM NUMBERS USED IN CONNECTION WITH CLAIMS WORK IN CENTRAL OFFICE AND IN THE DISTRICT OFFICES JULY 31, 1924. It has been brought to the attention of the central office that certain districts, after receiving standard forms printed by central office, are making certain changes in such forms as to the phraseology, are assigning district numbers, and are using such forms for district activities within the claims division. B.1 You are requested, therefore, to please forward to the central office, attention assistant director, planning service, office management division, a copy of all forms in use within your district in connection with claims activities, together with information as to the necessity for the use of such forms. FRANK T. HINES, Director. (Special District Manager Letter No. 89) GRANTING INTERVIEW TO EMPLOYEES JULY 30, 1924. I desire to reiterate at this time a statement made to assistant directors and district managers when first assuming the duties of director, to the effect that the successful handling of the problems of the Veterans' Bureau can only be brought about by the loyal cooperation and team work of the entire personnel engaged upon these important duties. I greatly appreciate the loyal spirit and untiring efforts of those who are engaged upon the work of rendering relief to the disabled and desire to stimulate further their interest in that work. Many valuable suggestions have come to the director from employees of the central office, through personal interviews with them, and it is my belief that interest can be stimulated and beneficial results obtained, if there is set apart one hour each week at which time assistant directors, district managers and chiefs of divisions, will interview any personnel under them who may desire to see them. It is therefore directed that one hour each week-preferably the half hour before and half hour after official hours-be set aside for this purpose. For this purpose the director has set aside the hour from 4.30 to 5.30 on every Friday, in Washington, for interviewing any employee of central office who may desire to see the director. It will not be necessary for employees desiring to interview the director at this time to obtain permission from anyone. This should be made clear to all personnel, and the responsibility for making known the provisions of these instructions will rest upon the assistant directors, district managers, and chiefs of divisions. FRANK T. HINES, Director. (Special District Manager Letter No. 90. Obsolete) AUTHORIZATION FOR MAKING APPOINTMENTS TO THE POSITIONS HELD BY RESIGNING EMPLOYEES WHEN SUCH EMPLOYEES DISCONTINUE ACTUAL SERVICE OCTOBER 21, 1924. It has come to the attention of central office that the districts are having difficulty in carrying out the program of decentralization, due to the resignation of employees who refuse to accept transfer to other cities, and since existing regulations prohibit the vicing of such positions prior to the expiration of the accrued leave of the resigning employees. In order that such a condition shall not impede the progress of decentralization, you are hereby authorized, when it is self-evident that such action is warranted and necessary, to make an appointment to the position held by the resigning employee when such employee discontinues actual service; however, in this connection you are cautioned that it will be necessary to keep within your present budget allotment for salaries. FRANK T. HINES, Director. |