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Attorney-Advisor (Veterans)

Department of Veterans Affairs
Board of Veterans' Appeals
Office of Appellate Operations
This job announcement has closed

Summary

You will serve as an Attorney Advisor (Veterans) for the Board of Veterans' Appeals (Board). The jurisdiction of the Board extends to all questions of law and fact under the laws that affect the provision of benefits by the Secretary to Veterans, or their dependents or survivors. This position requires expert knowledge of the laws and regulations pertaining to Veterans' benefits, as set forth primarily in Title 38 of the United States Code and Code of Federal Regulations.

Overview

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Hiring complete
Open & closing dates
03/17/2022 to 07/11/2022
Salary
$56,893 to - $105,579 per year

The salary range listed reflects the GS base rate (not including locality). Upon selection, the salary will be adjusted to include locality.

Pay scale & grade
GS 11 - 13
Location
Many vacancies in the following location:
Location Negotiable After Selection, United States
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Not required
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
13
Job family (Series)
Supervisory status
No
Security clearance
Other
Drug test
No
Position sensitivity and risk
High Risk (HR)
Trust determination process
Announcement number
CARX-11427394-CSo-OCA
Control number
643448900

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Duties

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Reviews the record and prepares tentative decisions on appeals for benefits for the review and approval of a Veterans Law Judge (VLJ or "Member of the Board"), including appeals involving formal personal hearings held before VLJs. At the Full Performance Level, Is assigned among the most difficult or complex cases involving appeals requiring research or involving unusual areas of the law.

Conducts research on questions encountered in case review or as directed by a VLJ. Drafts legal briefs, including bench memoranda for hearings, outlining the facts at issue, and containing recommendations for appropriate action by the VLJ.

Attends formal personal hearings with VLJs for training purposes or to assist in the preparation of a tentative decision in that appeal. May assist with pre-hearing meetings and discussions with attorneys, appellants, and veterans service organizations to assure due process of law and to expedite the hearing process.

Independently perform special assignments from the Chairman, Vice Chairman, DVC, or VLJ to assist in the continued improvement of appellate service or operations.

Provides subject matter expertise on Veterans' benefits claims and serves as a resource for answering procedural and substantive questions from junior members of the incumbent's VLJ team of attorneys.

In consultation with the VLJ, may assist with formulation written training materials, sample decisions and decision language, and other relevant documents to assist the VLJ or other members of the VLJ Team. Assists with ensuring that the VLJ and VLJ team members remain informed of changes in the statutes, regulations, and case law governing the administration of veterans' benefits.

Under the supervision of the VLJ or the direction of a senior attorney, may serve as a mentor to lower graded attorney advisors on the VLJ team and assist with training designed to develop strong interpersonal skills, time management/organizational skills, knowledge of the law, efficient claims file/evidence review, and veteran centric decision writing. May assist with career mentoring of lower graded attorney advisors on the VLJ team.

Prepares tentative decisions on cases before the Board through petition for reconsideration, when briefs or hearings show error in a prior appellate decision have been presented and where the decision requires three VLJ signatories for a de novo appellate decision.

This is a bargaining unit position.

This position is in the Excepted Service under authority 5 CFR Part 6, Exceptions from the Competitive Service, Rule VI and does not confer competitive status.

Work Schedule: Monday - Friday, 8:00am - 4:30pm
Compressed/Flexible Schedule: May be available with supervisor approval.
Telework: Available
Duty Location Status: Will work remotely from home or will work from a VA owned or leased space.
Position Description Title/PD#: Attorney-Advisor (Veterans)/ PD19453A, PD19454A, PD19455A, and PD19453A
Relocation/Recruitment Incentives: Not Authorized.
Financial Disclosure Report: Not Required.
Physical Demands: The work is primarily sedentary. There are no special physical demands for this position.

Requirements

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Conditions of employment

  • This position is in the Excepted Service and does not confer competitive status.
  • Must be a citizen of, or owe allegiance to, the United States.
  • Selectees are subject to a background/suitability investigation.
  • Selectees may be required to serve a one year trial period.
  • Selective Service Registration is required for males born after 12/31/1959.
  • A complete application package, i.e., Resume, Transcripts, etc., as required by job announcement.
  • Selected applicants will be required to complete an online onboarding process.
  • Participation in the Seasonal Influenza Prevention Program for VHA Health Care Personnel (HCP) is a requirement for all Department of Veterans Affairs HCP.
  • All applicants tentatively selected for VA employment in a testing designated position are subject to urinalysis to screen for illegal drug use prior to appointment. Applicants who refuse to be tested will be denied employment with VA.
  • Must be proficient in written and spoken English.

Qualifications

To qualify for this position, applicants must meet all requirements by the time of the application, 09/30/2022.

Basic Requirements:

Citizenship. Be a citizen of, or owe allegiance to, the United States.

Bar Membership Requirements. All attorneys in the GS-0905 series must be active members in good standing of the bar of a state or territory of the United States or the District of Columbia and must hold a current, unrestricted license to practice law. Employees must maintain their compliance with this requirement. The duties of the position call for appearance in court. The applicant must be a member in good standing of the bar or be eligible for admission to the bar, of the state or territory of the United States or the District of Columbia.

Loss of Good Standing/Bar Membership. Employees must maintain good standing in a bar of a state or territory of the United States or the District of Columbia while employed as an attorney with VA. Failure to maintain good standing in a bar of a state or territory of the United States, or the District of Columbia provides grounds for removal and possible termination from employment with the VA.

Applicants may qualify based on education and/or experience as described below.

Reference: VA Handbook 5005/148, Part II, Appendix F36, Qualification Standard, General Attorney, GS-0905-11/15.

The applicant's experience and training must demonstrate the applicant can successfully perform the position's duties. The Office of Personnel Management (OPM) Position Classification Standard for General Attorney Series, GS-0905, provides examples of duties performed at each grade level.

Quality of Experience. For each grade, applicants must have one or a combination of the following types of Quality of Experience in the amount indicated for the Grade Determination applicable to each grade level you are applying to.

  1. Practice of law includes private, state, or Federal practice in any field of law.
  2. Other legal experience of a responsible nature is experience in any one or a combination of the following performed in a law office, government office, or in the legal department of a business establishment, in the armed forces, or other Federal service:
    • Conducting legal research, analyzing statutes, writing legal opinions;
    • Writing authoritative or advisory legal opinions involving interpretation of state or Federal laws, regulations, and orders, or the drafting of such regulations or orders; or
    • Drafting, analyzing, and other legal activities with respect to bills, regulations, Executive Orders, proclamations, or statutory provisions.
  3. Experience working in Veteran's Law.
Superior Qualification Program: Applicants may apply for the GS-11 and GS-12 level under this option and are required to furnish certification from the registrar of ranking and other attainments in law school. To meet this requirement, applicants must graduate in the upper one-third of your law class and achieve one of the following accomplishments:
  1. Work or achievement of significance on their school's Official Law Review;
  2. Special high-level honors for academic excellence in law school, such as election to the Order of the Coif;
  3. Winning a moot court competition or membership on the moot court team which represents the law school in competition with other law schools;
  4. Full-time or continuous participation in a legal aid program as opposed to intermittent or casual participation;
  5. Significant summer law-office clerk experience; or
  6. Other equivalent evidence of superior achievement.

Grade Determinations.

For the GS-11 level,
applicants must:
(a) Possess one year of experience or less in the practice of law as described in the Quality of Experience; or
(b) Meet the qualification through the Superior Qualification Program.

For the GS-12 level, applicants must:
(a) Possess a Master of Laws (LL.M.) degree; or
(b) Possess a Juris Doctor (JD) degree in a field of law directly pertinent to the work of the position to be filled as evidenced by transcript(s); and
(c) Possess two years of progressively responsible experience as described in Quality of Experience of which a maximum of one year of the required experience may be acquired prior to admission to the bar, and that demonstrates experience performing similar legal work and responsibilities as described in Nature of Cases or Legal Problems, Type I, in the OPM Position Classification Standard for General Attorney Series, GS-0905; or
(d) Meet the qualification through the Superior Qualification Program.

For the GS-13 level,
applicants must possess three years of progressively responsible experience as described in the Quality of Experience, of which a maximum of one year of the required experience may be acquired prior to admission to the bar, and that demonstrates experience performing similar work and responsibilities as described in Nature of Cases or Legal Problems, Type II, in the OPM Position Classification Standard for General Attorney Series, GS-0905.

Note: For the GS-12 and GS-13 grade levels, copies of official transcripts are required that include the degree awarded and the date conferred.

Education

PLEASE NOTE: Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications (particularly positions with a positive education requirement). Therefore, applicants must report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education. Applicants can verify accreditation at the following website: http://www.ed.gov/admins/finaid/accred/index.html. All education claimed by applicants will be verified by the appointing agency accordingly. If you are using foreign education to meet qualification requirements, you must send a Certificate of Foreign Equivalency with your transcript in order to receive credit for that education.

Additional information

The Career Transition Assistance Plan (CTAP) provide eligible displaced VA competitive service employees with selection priority over other candidates for competitive service vacancies. To be well-qualified, applicants must possess experience that exceeds the minimum qualifications of the position including all selective factors if applicable, and must be proficient in most of the requirements of the job. Information about CTAP eligibility is on OPM's Career Transition Resources website which can be found at https://www.opm.gov/.

Receiving Service Credit for Earning Annual (Vacation) Leave: Federal Employees earn annual leave at a rate (4, 6 or 8 hours per pay period) which is based on the number of years they have served as a Federal employee. VA may offer newly-appointed Federal employee's credit for their job-related non-federal experience or active duty uniformed military service. This credited service can be used in determining the rate at which they earn annual leave. Such credit must be requested and approved prior to the appointment date and is not guaranteed.

In accordance with 5 C.F.R. § 302.101(c), Veterans' preference applies as far as administratively feasible.

This job opportunity announcement may be used to fill additional vacancies.

If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.

PLEASE NOTE: This is a Bargaining unit position represented by American Federation of Government Employees (AFGE), Local 17

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.

Narrative responses are not required at this time. If you are referred for consideration, you may be asked to submit additional job related information, which may include, but not limited to; responses to the knowledge, skills and abilities; completion of a work sample, and/or contact for an interview. Your resume and/or supporting documentation will be verified. Please follow all instructions carefully. Errors or omissions may affect your rating or consideration for employment.

It is the policy of the VA to not deny employment to those that have faced financial hardships or periods of unemployment.

Veterans and Transitioning Service Members: Please visit the VA for Vets site for career-search tools for Veterans seeking employment at VA, career development services for our existing Veterans, and coaching and reintegration support for military service members.

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