[Senate Hearing 117-637]
[From the U.S. Government Publishing Office]


                                                    S. Hrg. 117-637

                HEARING TO CONSIDER PENDING NOMINATIONS

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                                HEARING

                               BEFORE THE

                     COMMITTEE ON VETERANS' AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                             JULY 27, 2022

                               __________

       Printed for the use of the Committee on Veterans' Affairs
       
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        Available via the World Wide Web: http://www.govinfo.gov
        
        
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                     U.S. GOVERNMENT PUBLISHING OFFICE        
51-648 PDF                   WASHINGTON : 2023        
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                 SENATE COMMITTEE ON VETERANS' AFFAIRS

                     Jon Tester, Montana, Chairman
Patty Murray, Washington             Jerry Moran, Kansas, Ranking 
Bernard Sanders, Vermont                 Member
Sherrod Brown, Ohio                  John Boozman, Arkansas
Richard Blumenthal, Connecticut      Bill Cassidy, Louisiana
Mazie K. Hirono, Hawaii              Mike Rounds, South Dakota
Joe Manchin III, West Virginia       Thom Tillis, North Carolina
Kyrsten Sinema, Arizona              Dan Sullivan, Alaska
Margaret Wood Hassan, New Hampshire  Marsha Blackburn, Tennessee
                                     Kevin Cramer, North Dakota
                                     Tommy Tuberville, Alabama
                      Tony McClain, Staff Director
                 Jon Towers, Republican Staff Director
                           
                           
                           C O N T E N T S

                              ----------                              

                             July 27, 2022

                                SENATORS

                                                                   Page
Tester, Hon. Jon, Chairman, U.S. Senator from Montana............     1
Moran, Hon. Jerry, Ranking Member, U.S. Senator from Kansas......     2
Murray, Hon. Patty, U.S. Senator from Washington.................     8
Tuberville, Hon. Tommy, U.S. Senator from Alabama................    13
Cassidy, Hon. Bill, U.S. Senator from Louisiana..................    15
Blumenthal, Hon. Richard, U.S. Senator from Connecticut..........    17

                       INTRODUCTION OF WITNESSES

The Honorable Tim Kaine, U.S. Senator from the State of Virginia.     3

The Honorable Dianne Feinstein, U.S. Senator from the State of 
  California.....................................................     4

                               WITNESSES

Anjali Chaturvedi, Nominee to be General Counsel of the 
  Department of Veterans Affairs.................................     5

Jaime Areizaga-Soto, Nominee to be Chairman of the Board of 
  Veterans' Appeals..............................................     7

                                APPENDIX
                          Nomination Material

Anjali Chaturvedi, Nominee

  Prepared statement.............................................    25

  Response to Pre-hearing Questions for the Record submitted by:
    Hon. Jon Tester..............................................    27
    Hon. Jerry Moran.............................................    30

  Response to Question for the Record submitted by:
    Hon. Kevin Cramer............................................    34

  Questionnaire for Presidential Nominees........................    35

Jaime Areizaga-Soto, Nominee

  Prepared statement.............................................    51

  Response to Pre-hearing Questions for the Record submitted by:
    Hon. Jon Tester..............................................    54
    Hon. Jerry Moran.............................................    57

  Questionnaire for Presidential Nominees........................    62

 
                      HEARING TO CONSIDER PENDING
                              NOMINATIONS

                              ----------                              


                        WEDNESDAY, JULY 27, 2022

                                       U.S. Senate,
                            Committee on Veterans' Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:16 p.m., in 
Room SR-418, Russell Senate Office Building, Hon. Jon Tester, 
Chairman of the Committee, presiding.
    Present: Senators Tester, Murray, Brown, Blumenthal, 
Hassan, Moran, Cassidy, Tillis, Blackburn, and Tuberville.

              OPENING STATEMENT OF CHAIRMAN TESTER

    Chairman Tester. I call this hearing of the Senate 
Veterans' Affairs Committee to order.
    The purpose of this hearing will be to hear from the 
President's nominees to serve as General Counsel, Anjali 
Chaturvedi, and Chairman of the Board of Veterans' Appeals, 
Jaime Areizaga. I appreciate both of you accepting the 
responsibilities that come with the duties for which you have 
been nominated.
    Ms. Chaturvedi, let us start with you. If confirmed, you 
will serve as the VA's in-house counsel responsible for 
providing legal advice and representation to the Department. 
Your office will provide a comprehensive evaluation of 
legislation for its legal basis and impact. If confirmed, you 
will be called upon to evaluate and help implement the 
comprehensive toxic exposure legislation that we hope to send 
to the President's desk next week.
    The Department struggles with meeting congressional intent, 
as seen with the caregivers regulations out of the previous 
administration, and quickly implementing provisions that give 
veterans access to lifesaving health care and life-changing 
benefits. I will look to you to help ensure the Department 
implements the toxic exposure legislation in line with 
congressional intent as soon as possible, and I will hope to 
see you--I hope you will see Congress as a partner in this 
effort.
    Mr. Areizaga, you have been nominated to lead the Board of 
Veterans' Appeals. This is a heavy responsibility as veterans 
rely on the Board to give them the correct decision. Your 
predecessor did well to guide the Board through the worst of 
the pandemic. Veterans now conveniently get a hearing virtually 
with their laptops or their smartphone. The Board needs a 
leader to expand on those successes as it navigates a rising 
caseload while winding down legacy appeals, a leader who 
understands veterans do not need a quick decision, they need a 
correct decision.
    Thank you both for your willingness to serve. I look 
forward to our dialogue today, and with that, I will turn to 
Senator Moran.

               OPENING STATEMENT OF SENATOR MORAN

    Senator Moran. Mr. Chairman, I would like to introduce the 
Senator from Virginia, I think, as you did so well in 
pronouncing the names of the witnesses before you. And I would 
introduce Senator Kaine as the Senator from Kansas, but I 
assume he is going to make an introduction as well.
    Chairman Tester, thank you. I appreciate our two nominees 
for being with us here today and your willingness to serve.
    The VA General Counsel and the Board of Veterans' Appeals 
Chairman are both key positions tasked with ensuring we get it 
right for veterans. The General Counsel must make certain the 
VA is following the law that we craft and we pass. The BVA 
Chairman is charged with making sure we get the decisions on 
veterans' claims right so that they can be---so they can access 
the benefits they deserve right and timely.
    I am frustrated on many instances with the Department of 
Veterans Affairs's willingness to ignore the law. The U.S. 
Constitution directs Congress to enact laws and charges the 
Executive Branch with faithfully implementing them. It is 
disappointing to me the number of times it seems to me that the 
VA is doing legal gymnastics so the Department can justify an 
action that is clearly inconsistent with the text of the law 
and the intent of Congress.
    I would remind both of you to keep in mind the simple and 
fundamental principle of legal interpretation dating back to 
the Roman era. Do not depart from the words of the law. If the 
law is not the outcome that you want, the Department does not 
want, bring the issue to us and let us see if we can correct 
the law in accordance with your desires or whether we are 
satisfied with where we are.
    It is usually the case that when we pass a law it is 
because we have heard from a constituent, a veteran, about how 
our country could better meet its obligations to care for those 
who have borne the battle. When the VA diverges from faithful 
execution of law, it undermines the democratic process. I look 
forward to hearing from each of you how you will take care to 
see that the VA faithfully implements the law and affords 
veterans seeking benefits all the considerations the law 
allows, adjudicating their claims.
    VA and Congress must work together to fulfill our Nation's 
obligations to our veterans. If you are confirmed, you will 
play an integral part in making that happen, and I again thank 
you for your willingness to serve. You have served before, and 
your willingness to continue to serve, and I am grateful for 
that.
    Before I yield back, Mr. Chairman, I want to take a moment 
to note that today is National Korean War Veterans Armistice 
Day. Unfortunately, the Korean War has come to be known as the 
forgotten war in our country. I remember not too long ago going 
to my local library to find books about the Korean War and 
almost nothing was on the bookshelves.
    I am pleased to see today's unveiling of the new Wall of 
Remembrance at the Korean War Veterans Memorial on the National 
Mall. Our country must never forget the servicemembers who 
fought and protected democracy in Korea, and we must honor all 
and remember the service and sacrifice for those who fought and 
died in that war.
    To our Korean War veterans, I know me and my colleagues 
here today know; please know that you are not forgotten by us. 
We honor you, and we respect you, and your country is grateful 
to you for what you have sacrificed to benefit each of us.
    Thank you, Mr. Chairman.
    Chairman Tester. Thank you, Senator Moran.
    We are going to juggle the schedule a little bit here since 
Senator Feinstein is not here. I am going to swear you in to 
begin with, and then we will have Senator Kaine introduce 
whichever nominee he wants. I got a notion I know which one. 
And then I will have you do--Mr. Areizaga, I will have you do 
your opening statement if Dianne is not here yet, and then by 
then she will be here.
    So I would ask both nominees to stand, please. Do you, 
state your name----
    Ms. Chaturvedi. I, Anjali Chaturvedi.
    Mr. Areizaga-Soto. I, Jaime Areizaga-Soto.
    Chairman Tester [continuing]. Solemnly swear or affirm that 
the testimony you are about to give before the U.S. Senate 
Committee on Veterans' Affairs will be the truth, the whole 
truth, and nothing but the truth so help you God?
    Ms. Chaturvedi. I do.
    Mr. Areizaga-Soto. I do.
    Chairman Tester. Let the record reflect that they both 
responded in the affirmative.
    I will now recognize maybe the nicest guy that serves in 
the United States Senate, Senator Kaine.
    Senator Kaine. Well, wow, I had better be good after that.
    Chairman Tester. Patty just kneed me, by the way.

            INTRODUCTION BY THE HONORABLE TIM KAINE

    Senator Kaine. Chairman Tester, Ranking Member Moran, and 
members of this important Committee, I want to thank you for 
the opportunity to introduce a close friend of over 15 years 
and fellow Virginian, Jaime Areizaga-Soto, President Biden's 
nominee to serve as the Chairman of the Board of Veterans' 
Appeals.
    Jaime is a graduate of Georgetown School of Foreign Service 
and Stanford Law School. He has an impressive career as an Army 
general officer, as a public and private lawyer, and as a 
member of the Virginia Cabinet for two Governors. For over a 
decade, Jaime worked as an international lawyer for notable 
U.S. law firms, developing large infrastructure projects. He 
served as a judge advocate general in the Army National Guard 
at the same time.
    During the last 15 years, he has dedicated himself to 
public service, serving as a White House Fellow at the 
Department of Treasury during the George W. Bush administration 
and then as a senior attorney advisor of USAID during the Obama 
administration. He graduated from the Inter American Defense 
College at Ft. McNair here in Washington, where he was elected 
as the president of his class by senior officers representing 
all U.S. Service branches in 14 Latin American countries.
    On the veterans' front, Jaime served in the Cabinet of 
Virginia as the Deputy Secretary of Veterans and Defense 
Affairs for the previous two Governors, supporting 
approximately 730,000 Virginia veterans, 130,000 active duty 
members, and all of their families. As a Cabinet member in the 
Commonwealth, Jaime developed and implemented initiatives on a 
whole range of activities for military families and veterans, 
including developing a strategy to enable the construction of 
two 128-bed veteran care centers.
    His work with our veterans agency led to many advances, 
opening 10 new benefits offices around the State, setting up a 
program, the V3 Program, that hired 35,000 veterans exiting out 
of active service, developing the Military Medics and Corpsman 
Program, making Virginia the first State in the country to 
functionally end veterans homelessness in November 2015 and, in 
doing so, housing more than 3,200 homeless veterans, and 
finally reaching an agreement between the Navy, the Guard, and 
other State entities to ensure the use of Virginia's Camp 
Pendleton by the Navy for critical training.
    Jaime has also worn the Army uniform for almost 35 years as 
a citizen soldier, and he is the proud son of a Korean War 
veteran, mindful of Senator Moran's comments about today, who 
is here with him. He has mobilized often as a senior Army 
lawyer. From 2018 to '21, he was mobilized as the Chief of the 
Army National Guard Trial Defense Service. He led, managed, 
trained, and evaluated 218 attorneys and paralegals across each 
of the 54 National Guards, helping defend those who defend the 
country. He is currently mobilized and serving as the Deputy 
General Counsel of the National Guard Bureau.
    He has received numerous awards for his service to the 
National Guard, and in particular, in 2021, Jaime was promoted 
to the rank of Brigadier General, which made him the first 
Hispanic in the Army's 247-year history to be designated a JAG 
general officer.
    I wholeheartedly endorse Jaime to serve as the next 
Chairman of the Board of Veterans' Appeals and really 
appreciate the opportunity to come and share these words about 
my friend.
    Chairman Tester. Thank you, Senator Kaine. Very nice 
introduction.
    Next, we have--we are honored to have the senior Senator 
from the great State of California, Senator Feinstein.

         INTRODUCTION BY THE HONORABLE DIANNE FEINSTEIN

    Senator Feinstein. Well, thank you very much, Mr. Chairman. 
I appreciate the due respect to my State, and 30 million people 
do, too, so thank you very much.
    I am very pleased to be here for the consideration of 
Anjali Chaturvedi. She has been nominated, as we all know, to 
serve as the General Counsel of the Department of Veterans 
Affairs. She is an experienced attorney. She has worked 
extensively in government and the private sector, and I had the 
pleasure of working with her when she served as my counsel on 
the staff for the Senate Judiciary Committee. That was a while 
ago.
    She is a proud first-generation American, and she and her 
family are really a great example--I have learned this 
firsthand--of the American Dream in action.
    After earning her undergraduate degree at Cornell and her 
law degree at Georgetown University Law School, Ms. Chaturvedi 
spent the first 12 years of her career in public service, 
including as a law clerk for the District of Columbia Superior 
Court and as an assistant U.S. attorney. After a dozen years of 
public service, Ms. Chaturvedi broadened her professional 
experience with a move to private practice before returning to 
public service earlier this year as a deputy assistant attorney 
general for the Department of Justice's Criminal Division.
    Her extensive experience in and out of government, I think, 
is going to serve her very well as General Counsel for the 
Department of Veterans Affairs. I am very proud of her. Ms. 
Chaturvedi is passionate about public service, but she is also 
passionate about caring for public servants, and that is 
especially true for veterans. She has several veterans in her 
family.
    I believe that she is well qualified to serve as General 
Counsel for the Department and will ensure that the Agency 
complies with the law while taking full advantage of the 
authorities given to it by Congress to care for our Nation's 
veterans. I thank the Committee for their consideration, and I 
think we all look forward to working with you.
    So thank you very much, Mr. Chairman.
    Chairman Tester. Thank you. Thank you, Senator Feinstein.
    I think we will go back to the original order, and we will 
start with you, Ms. Chaturvedi, and you may proceed.
    Senator Feinstein. Thank you.

                 STATEMENT OF ANJALI CHATURVEDI

    Ms. Chaturvedi. Thank you, Chairman Tester, Ranking Member 
Moran, distinguished members of the Committee. I am honored to 
appear before you today as the nominee to serve as the next 
General Counsel of the Department of Veterans Affairs. I am 
grateful to the President for his confidence in nominating me 
to this position.
    I want to thank Senator Feinstein for that very kind 
introduction.
    Senator Feinstein. I loved it. Thank you.
    Ms. Chaturvedi. Thank you. It was almost 20 years ago that 
I served on Senator Feinstein's Judiciary Committee staff as 
counsel. I learned so much about the workings of the U.S. 
Senate, the extraordinary work of the staff. I also learned by 
watching Senator Feinstein what it means to be a servant 
leader.
    I want to extend my congratulations to Jaime Areizaga-Soto 
for his nomination as Chair of the Board of Veterans' Appeals.
    I would like to introduce my family: my husband, Terrence 
Clark, who served in law enforcement for 27 years; my sister, 
Anupama Chaturvedi Connor; my uncle, Vinay Chaturvedi; and my 
mother-in-law, Virginia Storjohann, and her husband, Neil 
Scarlett. But the most important person here for me today is my 
12-year-old son, Kiran Chaturvedi Clark, a rising seventh 
grader, who we brought back just this morning from West 
Virginia, where he is at sleepaway camp, so that he could 
attend today's hearings.
    When I married Terry, I married into a military family. Our 
nephew enlisted in the Army and served in the Infantry in 
Afghanistan, and his wife, a West Point graduate, was a 
Blackhawk test pilot, also deployed to Afghanistan.
    My late father-in-law, Terry's stepfather, served in the 
Korean War. In fact, his passing was just this past Monday, and 
as Senator Moran mentioned, today is a day to honor our 
veterans who served in the Korean War.
    Neil Scarlett served in the Air National Guard and the Air 
Force. Terry's father, William Clark, served in the Army 
National Guard, and my mother-in-law worked in VA hospitals in 
Iowa City and in Denver.
    I am so grateful for what our veterans, including my own 
family, have done for all of us in serving our country, and I 
do believe it is our sacred duty to serve our veterans, their 
families, their survivors, and their caregivers.
    I am a child of immigrants and first-generation American. 
My parents, Ram and Saroj Chaturvedi, came to the United States 
in 1964, thinking they would stay for just one year as my 
father finished his education. But they saw the promise that 
this country offered, what they could contribute, and they 
built a life here. They became part of the fabric of their 
small, Upstate New York rural community, where my father was a 
physics professor in a public school for 41 years, where my 
mother got her second master's degree, and where my parents 
raised me, my brother, Rakesh, and my sister.
    I am so sorry that they have passed away and that they are 
not here today, but I know that I would not be in front of you 
without them as my guiding light. It was my parents who 
instilled in me the values of hard work and service: service to 
family, service to community, and service to country. They were 
thrilled that when I became a lawyer I represented the United 
States of America as I did for 12 years as an assistant United 
States attorney in Washington, DC, and also the Northern 
District of California.
    I left DOJ to gain diversity of experience in other areas 
of law, including private practice and in large, global 
corporate settings, where I worked for 16 years in complex, 
diverse, regulated organizations. Over the years, I have led 
many high-performing and empathetic teams.
    I returned to DOJ earlier this year to serve as a deputy 
assistant attorney general because in the same way that my 
parents instilled in me the value of public service I wanted to 
show my son through my example what it means to be a public 
servant.
    Now I have been called to serve at the Department of 
Veterans Affairs. I believe in the mission of VA. The core 
responsibility of VA is providing our veterans with the health 
care and benefits they have earned and to make sure that at 
their passing they are treated with the honor that they 
deserve. And in meeting these responsibilities, VA must ensure 
that our veterans, their families, their survivors and 
caregivers are treated with integrity, compassion, and respect.
    I had the good fortune of working with veterans when I was 
a prosecutor: JAG lawyers and law enforcement officers who 
previously served in the military. I also worked alongside 
veterans in private practice, most recently at Northrop 
Grumman, where approximately 14 percent of the workforce are 
made up of veterans. I have also done pro bono work on behalf 
of veterans, including mentoring returning veterans.
    The opportunity to serve the people who have served us, who 
have defended our freedoms, is an honor that I do not take 
lightly. The work of VA, including the Office of General 
Counsel, must be excellent; it must be veteran-focused; it must 
drive efficient and ethical results, all in service to the 
safety and well-being of our veterans. I promise you, if 
confirmed, I will be faithful to these commitments every day as 
the General Counsel of the Department of Veterans Affairs.
    I thank you so much for allowing me the chance to appear 
today, and I look forward to answering your questions.

    [The prepared statement of Ms. Chaturvedi appears on page 
25 of the Appendix.]

    Chairman Tester. Thank you, Ms. Chaturvedi.
    Mr. Areizaga, you have the floor.

                STATEMENT OF JAIME AREIZAGA-SOTO

    Mr. Areizaga-Soto. Chairman Tester, Ranking Member Moran, 
and committee members, I am humbled and honored to appear in 
front of you to offer my record and commitment to serve my 
fellow veterans as the Chair of the Board of Veterans' Appeals. 
I am grateful to President Biden for his confidence in 
nominating me and congratulate Ms. Anjali Chaturvedi on her 
nomination. I want to thank my own Senators, Kaine and Warner, 
for their excellent service, leadership, and active mentorship.
    I would not be here but for the sacrifice and lessons of so 
many. First and foremost, my mother, Baldamina Soto, a retired 
elementary school teacher, and my father, Jose Francisco 
Areizaga, a Korean War veteran and lifelong public servant, 
both of whom flew from the Commonwealth of Puerto Rico to join 
us. Their lives have been committed to service, love, and 
faith. Through their sacrifice, they raised and educated four 
children, including my brother, Javier, who is also here.
    I want to recognize my son, Jose Juan, who serves as my 
inspiration to do everything I can to leave a world which is 
safer for democracy and where we are more respectful to each 
other and to Mother Earth.
    I want to thank my teachers, professors, and mentors inside 
and outside a classroom for their lessons and shared wisdom. 
They all instill in me a vocation of service. My lifelong focus 
as a citizen soldier, international lawyer, and public official 
has been service to others. Since turning 18 and for almost 35 
years, I have served in the Army and the National Guard. At 
present, I serve in uniform, mobilized full-time as a deputy 
general counsel at the National Guard Bureau. I knew the 
importance of the Guard to our common good. The last six years 
have demonstrated the superb service that the Guard does when 
our citizens are most vulnerable due to threats at home or 
abroad.
    I want to thank retired General William Navas for his 
mentorship in the National Guard and retired Colonel Victor 
Tall, who was my first supervisor when I joined the Army JAG 
Corps in the 1990s and who is here today. I also thank those 
who have served as mentors in veterans affairs, like retired 
Admiral John Harvey, former Fleet Forces Commander, with whom I 
tagged as Secretary of Veterans and Defense Affairs in 
Virginia.
    Finally, I want to thank the White House Fellow community 
for our dedication to servant leadership, bipartisanship, and 
public service. They are represented here by my classmate and 
fellow Guardsman, retired Air Force General Bobbi Doorenbos.
    Since childhood, I have been inspired by the selfless 
service and sacrifice of so many veterans. Almost 20 of my 
relatives have served in the military, such as my uncle, who, 
like so many Puerto Ricans, fought bravely in Korea. It is our 
sacred duty to support our veterans after they have served and 
sacrificed for all of us.
    My experience as an attorney in the private, public, and 
military arenas for over 25 years leading large, legal 
organizations, will enable me, if confirmed, to continue the 
substantial improvements made at the Board. My leadership 
mentality follows the Army principle of ``Mission First, People 
Always.'' I complement it with my own, ``One Team, One Fight'' 
approach, so I will center my leadership of the almost 1,200 
highly capable and dedicated Federal public servants at the 
Board with the sacred mission of ensuring each veteran is cared 
for.
    I am inspired by Secretary McDonough's commitment for 
increased access with better outcomes at the VA and to 
eliminate the functional backlog at the Board.
    I commend the Committee for adopting the Appeals 
Modernization Act. The Board implemented the AMA in February 
2019, and the implementation appears to have been very 
successful.
    Although the AMA has been a game-changer, there is still 
much to be done. The PACT Act will increase the number of 
claims appealed to the Board. If confirmed, I will promptly 
integrated the 22 just-announced veteran law judges to ensure a 
dramatic increase in the number of claims heard and decided.
    In sum, I am a dedicated public servant who has worn the 
uniform for almost 35 years, committed to our key heroes, those 
who have volunteered, signed up, and pledged to offer our lives 
anywhere and at any time to defend the rest of us and the 
Constitution. We have a sacred duty to care for each veteran, 
particularly those who have been wounded or paid the ultimate 
sacrifice. I hope to have the distinct honor to serve them as 
the next Chair of the Board of Veterans' Appeals.
    Thank you, Chairman Tester, Senator Moran, and members of 
the Committee.

    [The prepared statement of Mr. Areizaga-Soto appears on 
page 51 of the Appendix.]

    Chairman Tester. Thank you both for your opening 
statements. I will yield to Senator Murray.

                      SENATOR PATTY MURRAY

    Senator Murray. Thank you very much, Mr. Chairman, and 
welcome to both of you. Thank you for your willingness to 
serve.
    Ms. Chaturvedi, I want to start with you, and I really do 
appreciate your being with us today. As General Counsel, you 
would play a very critical role in decisions that impact 
veterans in my home State of Washington and across the Nation. 
For example, a 2014 legal opinion would have drastically 
narrowed which veterans were eligible for homeless assistance 
programs. If not for congressional action, providers who 
receive funding through VA's Grant and Per Diem Program would 
have had to actually turn away veterans who did not meet the 
length of service or discharge requirements.
    The General Counsel also works with other VA offices on 
contracts. Most recently, we have been watching the fallout of 
VA's decision under the previous administration to award a sole 
source contract for the Electronic Health Care Record 
Modernization Program, and that decision to award that contract 
and VA's delays in decision-making have led to documented cases 
of harm for veterans in my home State.
    So I wanted to ask you today, if you are confirmed, how 
will you use your role to make sure outcomes for veterans are 
prioritized in VA's decision-making?
    Ms. Chaturvedi. Thank you, Senator Murray. I appreciate the 
question. You are absolutely right, of course, that the Office 
of General Counsel has a responsibility to ensure that the 
care, service, and benefits that our veterans are owed, that 
they are received timely and that they are received in a safe 
and comprehensive manner.
    I believe it is the responsibility of the Department of 
Veterans Affairs and the lawyers that work within that 
Department to ensure that the intent of the legislation that 
this body passes is met by the actions of the Department of 
Veterans Affairs. If confirmed, I would work diligently with my 
colleagues there to make sure that the intent is met, the 
outcome for the veterans is that which we would all want, which 
is to ensure safe, complete access to care and benefits and 
services.
    Senator Murray. And how will you work with Congress to make 
any necessary statutory changes to VA practices?
    Ms. Chaturvedi. Thank you, Senator. As Senator Feinstein 
mentioned, I, many years ago, worked here in this very 
building. I understand the role that Congress has, that this 
body has, in making sure that the legislation is applied in the 
way that legislators intend. I have met with a number of staff 
members over the last week, and I have committed that if 
confirmed I would work collaboratively to make sure that the 
work that you all do is met with the results that you expect, 
which is to serve our veterans.
    Senator Murray. And in the previous administration, VA's 
Office of Accountability and Whistleblower Protection was 
criticized for its failure to properly implement the law and 
its failure to properly protect whistleblowers from retaliation 
or hold senior executive officers accountable. And while that 
office, I know, is separate from the Office of the General 
Counsel, the two really need to work together to make sure 
employees can report wrongdoing without retaliation in order to 
better serve our veterans. How will you work with OAWP to make 
sure VA is properly handling complaints?
    Ms. Chaturvedi. Thank you, Senator, for that question. You 
know that the topic of whistleblowers and how they are treated 
is something that I have worked on for many years. It is 
something that came up in my last role, day to day, people that 
report concerns.
    If I were confirmed, I would work very closely with the 
Office of the Whistleblower. Folks that raise concerns need to 
be treated with respect, the concerns that they raise need to 
be investigated efficiently, and there must be accountability 
for any outcomes. You can be rest assured if there is 
corrective actions that come out of any of those investigations 
I would work diligently to make sure those corrective actions 
occurred.
    And, communication about any outcomes is important so that 
the veteran population and folks that work at the VA see that 
there is a positive outcome of any report that any 
whistleblower makes. I think that is very important in 
maintaining a strong and ethical culture, and I would work 
toward that effort.
    Senator Murray. Well, thank you for that.
    Mr. Areizaga, the Board of Veterans' Appeals is going to 
face a growing workload with the Beaudette decision for family 
caregivers and the PACT Act, as you mentioned in your opening 
remarks. If confirmed, how are you going to approach the 
anticipated increased workload while ensuring that legacy 
claims are also addressed?
    Mr. Areizaga-Soto. Thank you for the question, Senator 
Murray. I would say that the key aspect to get ready for that 
spike in appeals would be to integrate quickly and fully the 22 
newly appointed veteran law judges. That will be the first 
thing.
    I believe that the draft resolution plan of the Board for 
legacy claims is being successful. And during my initial time, 
just like I do in my military positions when I take command of 
a new command, I will analyze the situation and look for ways 
to further improve efficiencies because you are correct, Madam 
Senator--the spike in cases coming in. The Board has been very 
successful in increasing the number, but the line still grows 
because of the new claims and appeals to the Board.
    Senator Murray. Okay. Thank you very much.
    Thank you, Mr. Chairman.
    Chairman Tester. Senator Moran.
    Senator Moran. Thank you both for your presence here today, 
for your willingness to serve. It is pleasing to hear a bit of 
your life stories. It is a reminder that the American Dream is 
alive and well, and that is encouraging. It is a reminder that 
there are those who sacrifice for that American life, for that 
American way of life. And, I am grateful for your willingness 
to serve those who have protected our freedoms and liberties, 
including members of your family and yourselves.
    Let me start with you, Ms. Chaturvedi, a couple of process 
things. The Office of Legal Counsel at the Department of 
Justice issued an opinion letter in 2017 stating that oversight 
requests from, quote, individual Members of Congress, including 
ranking Minority members, do not trigger any obligation to 
accommodate congressional needs. I, of course, find that 
offensive, and I would ask that you--despite that DOJ opinion 
matter, will you commit to accommodating congressional 
oversight requests regardless of party affiliation or committee 
status of the members making those requests?
    Ms. Chaturvedi. Mr. Moran, I would be happy to.
    Senator Moran. Thank you. And the Committee frequently 
requests data, material, policy views from the Department to 
inform our oversight and our legislative work. Responses to 
these inquiries frequently get cleared through the VA's Office 
of General Counsel, and unfortunately, the process often 
involves significant delays and lack of timely response. If you 
are confirmed, how would you prioritize responses to this 
Committee to make certain we have the information needed to 
serve veterans in a timely manner?
    Ms. Chaturvedi. Thank you, Senator, for that question. I 
appreciate the need for the information that this body requests 
of VA. If confirmed, I would work to ensure that responses were 
timely.
    I think there is a number of ways to address the issue. 
Obviously, the good men and women that work in the Office of 
General Counsel are there to provide legal advice to ensure 
accuracy and that information is complete. Doing that timely is 
part of the calculation. And if confirmed as General Counsel of 
the Department of Veterans Affairs, I would work to drive 
efficiency in responding.
    And to the extent there were issues or questions, I do 
believe communication is very helpful. Picking up the phone and 
calling an office to understand perhaps something that may be 
unclear is something that I expect I would be doing or my 
colleagues would be doing so that we can get answers back to 
you because, among other things, sir, I respect the fact that 
all of you represent veterans' interests and you are asking us 
questions so that you can better serve your constituents. So I 
would work to help in that regard.
    Senator Moran. I appreciate both of those answers, and I 
would say that so often the legislation and the attempts to 
change something going on at the Department of Veterans 
Affairs, at least in my world and I would guess most of my 
colleagues', originate from a veteran concern, complaint, a 
conversation, an e-mail, a telephone call, ``we need your 
help.'' And so what I know mostly about veterans is what they 
are asking me to do on their behalf, and I want to make sure 
that I am able to respond timely.
    And as we work through the development of legislation for 
consideration by the Senate, we need information through our 
Department of Veterans Affairs, and it does not come often 
enough, timely enough. So thank you very much for that answer.
    Congress prohibited the Department from performing abortion 
services when it passed the Veterans Health Care Act of 1992. 
VA acknowledged this legal prohibition in its public website as 
recently as 2021. I would like to remind you of that law, and I 
indicated in my opening statement the importance of the 
Department following the law. How do you see your role in this 
issue?
    Ms. Chaturvedi. Thank you, sir, for that question. As you 
know, the Department of Veterans Affairs serves women veterans, 
and of those--I am told that there are approximately 15 percent 
of the veteran population is made up of women, and in that 
population I also understand that there are approximately 
300,000 women of childbearing years. Their health, their well 
being and safety is at the core of what the Department is 
responsible for, so I know that this is a very important issue. 
I have not yet had the chance to fully study the law that you 
have referenced although, of course, I am aware of it.
    If confirmed, I would work alongside my expert colleagues 
in the law department. I would certainly be speaking with the 
Secretary and study this issue very closely. If confirmed, I 
would be pleased to discuss the matter further with you, but 
rest assured I will study hard this issue and I appreciate its 
importance.
    Senator Moran. I assume--I am going to assume for you that 
you would answer that question as ``I will follow the law'' 
because you have taken oath to do so.
    Ms. Chaturvedi. Absolutely, sir. Rule of law is paramount.
    Senator Moran. Yes, ma'am.
    Thank you, Mr. Chairman.
    Chairman Tester. Thank you, Senator Moran.
    This is a question for both of you because you both have 
impressive educational and employment experience. You appear to 
be more qualified for your roles, more than qualified for your 
roles, for which you have been nominated. However--and you have 
touched on this, but I want to flesh that a little more--I do 
not think you have worked extensively in veterans law. I think 
that is a fair statement.
    So the question is for both of you. Do you need to 
anticipate needing to get up to speed on veterans law, and if 
so, how will you do that?
    Ms. Chaturvedi. Thank you, Chairman Tester. You are right. 
I have not worked on veterans issues primarily during my 
career, but I have worked in areas that are very relevant to 
the work that the VA does, whether it is employment law, 
contracts law, procurement law. All of those topics are 
critical to the success of the Department's operations.
    I also will show up with humility at the Department. I 
intend to learn from the men and women who work in the Office 
of General Counsel as I have done over the last 30 years when I 
faced a new area for me to learn. I have brought in experts. I 
have studied. I have asked questions. I have dug in. That would 
not change. I would take the same steps here so that I would 
hit the ground running if confirmed to serve as the next 
General Counsel.
    Chairman Tester. Okay. Mr. Areizaga?
    Mr. Areizaga-Soto. Senator, thank you for your question. As 
part of my career and experience, I have worked in areas 
related to veterans law, particularly service-connected and 
other issues that we have seen within my uniform side. I would 
not call myself an expert in veterans law in any way, but as 
part of getting prepared for this hearing I have had a number 
of briefings from the team at the Board.
    I will listen. I will learn. Particularly even though the 
Chairman does not hear cases, I do believe that one of the ways 
that we can be more efficient is by identifying areas in which 
we are seeing a trend of cases that have to be reversed because 
of a pattern, and I would want to understand and identify that 
legal issue so that I can communicate across the leadership at 
the Department to ensure that it is not the Board that fixes 
the issue but that the issue is solved at the initial claim 
level, Mr. Senator.
    Chairman Tester. Okay. Thank you.
    Ms. Chaturvedi, the Secretary relies on his General Counsel 
to opine on the scope of newly passed laws. As I said in my 
opening statement, the Senate is poised to pass the most 
comprehensive toxic exposure legislation in this Nation's 
history. Do you understand Congress's intent for that bill is 
to help veterans suffering from toxic exposure and to provide 
health care and benefits to as many as quickly as possible?
    Ms. Chaturvedi. Senator, yes. I also have been waiting for 
the passage of the PACT Act, and I appreciate the commitment to 
helping veterans who have suffered.
    Chairman Tester. Okay. Talk to me about what you can do to 
help the Department aggressively move on the PACT Act once it 
does become law?
    Ms. Chaturvedi. Thank you, Senator. I imagine that the VA 
is already thinking about how to make sure that the benefits 
and services that will be provided to veterans through the PACT 
Act, how we will get them to the veterans. But, if confirmed, I 
believe my role would be to ensure efficient, effective 
rulemaking so that our veterans can receive the benefits--the 
benefits of eligibility, of increased process, make sure that 
rulemaking process goes smoothly. I think that would be the 
first step.
    Chairman Tester. Okay. Mr. Areizaga, the Board of Veterans' 
Appeals is aggressively focused on reducing legacy appeals, but 
now we are seeing a rising caseload of AMA appeals. If 
confirmed, what will you do to ensure the Board properly 
balances resources to wind down legacy appeals while resolving 
newer AMA appeals?
    Mr. Areizaga-Soto. Senator Tester, you are touching on a 
critical point because with the approval of the AMA we now have 
at the Board two systems. I am--I believe that the legacy 
resolution plan of the Board, it is working very efficiently. 
The Board got to have a backlog of 450,000 legacy claims, and 
it is down to around 100,000. So I believe that those legacy 
claims can be cleared in the next couple of years.
    When the AMA was approved, 100 percent of the appeals were 
legacy appeals. By now, that is shifting to 75 percent legacy 
appeals, 25 percent AMA appeals, and I believe that as we move 
forward, Senator, that would be balanced in accordance with the 
statutory requirements on how to hear cases and the order to 
hear the cases.
    Chairman Tester. Okay. Thank you. Thank you both.
    Senator Tuberville.

                    SENATOR TOMMY TUBERVILLE

    Senator Tuberville. Thank you, Mr. Chairman.
    I would like to thank both of the nominees being here. I 
have gone through dozens of nominees my first couple of years, 
and I have never seen two more passionate about their job of 
the future, and love of our country, so I want to thank both of 
you for that. It is so important.
    And so, you know, on behalf of 400,000 veterans in my State 
of Alabama, a lot will be watching this hearing today and 
listen to what you say because they are very interested, 
obviously, in the appeals process and things that go along with 
General Counsel. So thank you to you and your families for 
doing this and the 19 million veterans across the country. What 
an important job this is.
    So, Mr. Areizaga, now your name is about as bad as 
Tuberville to say, you know, at the end of the day. So talk 
about your current position in the military. You are in the 
National Guard. How has your role in the National Guard going 
to help you in this position that you hope to get confirmed 
for?
    Mr. Areizaga-Soto. Senator Tuberville, thank you for your 
question. I am passionate about service. I joined the ROTC Army 
program as soon as I turned pretty much 18, and I have been 
wearing the uniform of the Army for the last almost 35 years. I 
have served as a judge advocate general in the National Guard, 
working with the 54 National Guards. I would say that managing 
large leader organizations like Army National Guard Trial 
Defense Service or now as the principal Deputy General Counsel 
at the National Guard Bureau have given me the managerial 
experience to, and the leadership experience to, go into the 
Board and lead what is now an almost 1,200 employees-strong 
organization.
    Senator Tuberville. Thank you.
    Ms. Chaturvedi, is that correct?
    Ms. Chaturvedi. Chaturvedi.
    Senator Tuberville. Chaturvedi. Thank you. Your career 
spans many years of experience in criminal law. Members of this 
Committee are concerned about findings in recent Inspector 
General reports that sometimes describe instances of criminal 
negligence. The reports detail extensive patient safety issues 
at VA Medical Centers, instances of VA staff withholding 
information from the Office of the Inspector General, and a 
complete lack of due diligence when following up on Inspector 
General recommendations to improve patient safety, manage 
efficiencies, and prioritize the health and safety of our 
veterans. While all these actions are not necessarily criminal 
in nature, what do you see the General Counsel's role in 
rightsizing these issues that we have already gone through?
    Ms. Chaturvedi. Yes, thank you, Senator Tuberville. You are 
right; 19 million veterans deserve, you know, that their Agency 
is devoid of any misconduct. So that, to me, means having a 
strong culture, a strong culture of ethics that starts at the 
top. But as I learned when I worked most recently at Northrop 
Grumman, it is the tone at the top, it is the mood in the 
middle, and it is the buzz at the bottom. In other words, 
culture has to be part of the entire organization. So in cases 
where someone does not abide by patient safety, does not work 
in service of the veteran, there must be accountability.
    If confirmed as the General Counsel of the Department of 
Veterans Affairs, I would work with the Office of Inspector 
General. As I mentioned to Senator Murray, I would work with 
the Office of the Whistleblower to make sure that there is 
accountability should there be bad actions by anyone in their 
work.
    Senator Tuberville. What is your--what do you think your 
role is with the Inspector General? How will you work with the 
Inspector General in these situations?
    Ms. Chaturvedi. Yes, thank you, Senator. I would work 
collaboratively with the Inspector General. They have an 
independent role in ensuring that the actions of the VA are 
held to the standards, the rules, requirements of the 
Department. I think the General Counsel can work 
collaboratively to see lessons learned, to make sure that any 
corrective actions are implemented properly across the Agency.
    Senator Tuberville. Thank you.
    Mr. Areizaga, from conversations I have had with veterans, 
it is my understanding that the Veterans Benefits 
Administration often requires a second medical opinion 
regardless of whether the initial medical opinion was given by 
the VA provider or independent provider. Additionally, the VA 
often regards requests by the veteran that the second opinion 
be given by a provider who specializes in the veteran's claimed 
condition. Both these issues may result in delays in the 
appeals process. If confirmed, how do you seek to identify 
opportunities for efficiency in the appeals process?
    Mr. Areizaga-Soto. Thank you for your question, Senator 
Tuberville. Efficiency of resources in the public sector, as I 
have learned through my life, from my State public servant dad, 
the conversations at home were always about making things 
better for our fellow citizens and making sure government works 
for us.
    The way I would do it in this case, I would be at the Board 
which hears the appeals of those decisions. I would look for, 
as I indicated before Senator Tester, look for trends that I 
see in cases that we are reversing from the Board--from the 
benefits--Veterans Benefits Administration and look for ways to 
make that more efficient and better because if we are able to 
ensure that the decisions by the Veterans Benefits 
Administration is correct to start with then we do not need to 
reverse it at the Board. As a team player, I would look at 
those trends and at those processes and engage with the 
leadership of the other areas of the Department to ensure that 
we take every action we can to make the process more efficient.
    Senator Tuberville. Thank you very much. I think it is 
important. You know, one thing I learned years ago in my 
previous profession, what both of you are getting ready to get 
into with the onslaught of our veterans and more and more 
people in the VA, organization is the key to winning, and 
hopefully, you will keep that in mind, what I learned at an 
early age.
    So I thank both of you for being here today, and I think we 
did a pretty good job on each other's names, last names. You 
know, I thought it was pretty good.
    What did you think, Mr. Chairman?
    Chairman Tester. I thought it was pretty good. I was going 
to ask you how many times you beat Alabama, but I do not want--
--
    [Laughter.]
    Senator Tuberville. Not today.
    Chairman Tester. Not today.
    Senator Tuberville. Thank you.
    Chairman Tester. Senator Cassidy.

                      SENATOR BILL CASSIDY

    Senator Cassidy. Thank you both for your service.
    Mr. Areizaga-Soto, I have been trying to learn Spanish, and 
you speak four languages fluently. Needless to say, I feel kind 
of in awe and humbled, so anyway, but thank you both for your 
service.
    Ms. Chaturvedi, since 1992--in 1992, Congress made it 
pretty clear that they did not want, and did not feel it right, 
for the VA to be offering abortion services. Would you continue 
this--would you advise continuing this policy?
    Ms. Chaturvedi. Senator Cassidy, thank you for your 
question. This issue around abortion services, I know, is an 
important one. If confirmed as the General Counsel at the 
Department, one of my jobs would be to evaluate the laws that 
impact the services that are provided by the Department of 
Veterans Affairs. I have not studied this issue fully yet. If 
confirmed, I would work with my colleagues at the Department to 
better understand, but I can assure you that the advice that I 
would give would be to follow the rule of law. That would be my 
job. That has been my job for the last 30 years as a practicing 
lawyer.
    Senator Cassidy. A very good confirmation hearing answer, I 
would say that.
    Next, I have the advantage of looking at your answers to 
the question from Senator Moran, and in it he speaks about how 
in the private sector we are driven by profit margins, we are 
driven by outcomes, competitiveness, et cetera, but what 
happens in the VA is that it is not driven by that, but rather, 
it is driven by compliance. In quoting Shakespeare, the first 
thing you do is kill all the lawyers, right?
    When it comes to getting an organization to work well, 
efficiently, and something more than punctiliously checking off 
boxes, those rules have to be interpreted to not just keep in 
compliance but to drive productivity. I think a complaint to 
the VA that is valid is a very poor record of productivity, 
extremely poor. And, I frankly think it is partly Congress's 
fault by setting up all these kinds of rules and regs and we 
are going to kind of make sure you do it right, and so now it 
becomes ``don't catch me'' as opposed to ``how do I move 
patients.''
    I am a physician. I am very aware that if you deny service 
by delay you can miss things, you can hurt people, that 
passivity can be destructive, so that kind of rant on my part.
    What is your perspective on that, and how would you address 
my concern that the emphasis upon compliance drives just a 
system which sometimes does not work?
    Ms. Chaturvedi. Senator, I appreciate that question, and I 
appreciate and hear the frustration. The mission of the 
Department of Veterans Affairs is perhaps one of the most 
important missions that we in the Federal Government have, 
which is to serve the people who have served us. I understand 
that it is less than 10 percent of Americans who serve in the 
military. It is an important job, and we must make sure that 
they get the benefits, service, and care that they have earned. 
And I would agree with you that benefits or services that are 
delayed, in fact, can be denied.
    Senator Cassidy. But to the point, if an attorney says you 
got to check 16 boxes because that is the only way I know I 
will never be criticized, that 16 boxes as opposed to 2 boxes 
is going to delay service. Now the attorney does not get in 
trouble, but the patient does not get their service.
    So I am kind of trying to cut through what you are saying, 
not to be rude, and how--if we are not driven by any external 
measure of productivity or having to make a profit because 
Congress is always going to backfill, how do we avoid the legal 
system from bogging us down from productivity?
    Ms. Chaturvedi. Senator, I think measurements can still be 
used and are used and should be used to determine productivity. 
Sixteen boxes is unacceptable. You are absolutely right. You 
have to cut through the red tape to make sure that the outcome 
is in service of veterans, that the care and service that they 
have earned is provided timely. If confirmed, that would be one 
of my highest priorities, to work efficiency and effectively, 
to drive results in service of our veterans.
    Senator Cassidy. Okay. Thank you. I yield.
    Chairman Tester. I just want to add to that a little bit, 
and that is that you are in Washington, DC, and the people that 
you are going to be telling they do not have to check the 16 
boxes are on the ground in places all over the country. So you 
are really going to have to work at driving down your opinions. 
Thank you for that.
    Ms. Chaturvedi. Yes, sir.
    Chairman Tester. Senator Blumenthal.

                   SENATOR RICHARD BLUMENTHAL

    Senator Blumenthal. Thank you, Senator Tester. Thank you 
both for your service, extraordinarily impressive service, to 
our Nation.
    Let me ask you, how do we protect whistleblowers?
    Ms. Chaturvedi. Good afternoon, Senator Blumenthal. It is a 
pleasure to see you.
    Protecting whistleblowers is something that I have done for 
many, many years. I have worked in large corporate settings 
where people raise their hand to raise concerns. And my message 
has always been loud and clear, that whistleblowers, who 
actually I call reporters, people that bring to the attention 
of an organization concerns that they have, those individuals 
must be treated with respect, their concerns need to be 
addressed timely, and there needs to be accountability for any 
actions that come out of an investigation or a review. I have 
practiced that way myself as a lawyer. I have led teams within 
the United States and globally with that sentiment in mind. I 
would carry that if confirmed to serve as the General Counsel 
at the Department of Veterans Affairs.
    Senator Blumenthal. Do you think that protecting 
whistleblowers in the VA, particularly when it comes to issues 
relating to health care, where in fact historically they have 
played an important part, is a challenge that you would address 
proactively?
    Ms. Chaturvedi. Yes, sir. I think setting a strong culture 
to make sure that people know that concerns need to be raised, 
that they will not be--people will not be retaliated, it will 
not be accepted. I am prepared to send that message, to share 
that message and particularly here, as you say. Particularly 
where it comes to the safety, health, and welfare of our 
veterans, those concerns need to be addressed quickly, 
ethically, and responsibly.
    Senator Blumenthal. Thank you. Well, I look forward to 
following up with you on that issue and others.
    General Areizaga-Soto, I wonder if you could talk a little 
bit about how your past service has prepared you to head an 
organization that right now really requires strong management 
expertise and insight and activism, maybe talk a little bit 
about how your experience, very impressive experience in the 
Army and elsewhere such as at the Treasury Department, has 
helped you address these challenges.
    Mr. Areizaga-Soto. Thank you for your question, Senator 
Blumenthal. I am deeply honored to serve honorably as an Army 
judge advocate. I have done so. I have been in the military for 
almost 35 years. Over the last few years, I have been able to 
lead large organizations in the Army, leading across time 
zones, leading across the 54 National Guards.
    And I have been able to lead not only in uniform. I have 
also been able to lead large teams in private practice, doing 
infrastructure projects globally, and also in the public 
sector, civilian side, as a White House Fellow at Treasury and 
at USAID.
    What I would say that experience has given me is getting to 
``yes'' and cutting through the bureaucracy. As I indicated in 
my opening statement, Senator, I am about ``Mission First, 
People Always.'' I will take care of my team when we got a job 
to do.
    And the veterans have an expectation and have earned a 
right, and we got to deliver for them. And I am hearing from 
this Committee that we got to do so and we got to do so 
correctly and we got to do so promptly. We just heard from the 
physician Senator indicating, you know, as I think President 
Lincoln said, no, delayed benefit is no benefit.
    So in this case, what I would do, Senator Blumenthal, is 
bring that experience, what I call the efficiencies of the 
private sector, the commitment of the Armed Forces, and the 
care and compassion of the public sector to help deliver an 
experience for veterans where they feel respected, honored, and 
are treated fairly.
    Senator Blumenthal. I am curious, and I apologize that I do 
not see it in my notes or in your statement. You may have told 
us, but were you born in Puerto Rico?
    Mr. Areizaga-Soto. Yes, Senator, I was born in the 
Commonwealth of Puerto Rico.
    Senator Blumenthal. Great. Well, I think, you know, both of 
your histories demonstrate to me the truth of some of the 
points I have been making about the importance of immigration. 
As a child of immigrants and the tremendous contribution made 
by our fellow citizens in Puerto Rico, your personal story 
about your family, your dad, and so forth is very inspiring.
    So I congratulate you both and your families, and thank 
your families as well as you, for your service. It is--both of 
you have inspiring family stories that I think are especially 
appropriate for the VA. Thank you.
    Ms. Chaturvedi. Thank you, sir.
    Senator Blumenthal. Thanks, Mr. Chairman.
    Chairman Tester. Senator Tuberville has another question, 
and I cannot wait.
    Senator Tuberville. Yes, one more question, Mr. Areizaga. 
You and I talked Monday about the PACT Act, and we talked very 
briefly in here. We have got administrators that are going to 
be watching this hearing across the country. We are getting 
ready to really have an onslaught of probably appeals coming 
from this PACT Act. So I think it would be good for you to kind 
of discuss how you are going to set this up with your appeals 
judges and your staff to get ready for this, if confirmed. 
Could you just kind of go through it?
    You had some very good thoughts about how we have already 
knocked down the amount and how we can continue to do that. And 
then, of course, we are going to have a couple million coming 
down the chute here pretty quick, so kind of give us a rundown 
for the people listening and watching this hearing of how you 
are going to handle the urgency of what is getting ready to 
happen through the PACT Act.
    Mr. Areizaga-Soto. Thank you for your question, Senator. I 
first want to commend the team at the Board for the great work 
that they have done since the adoption of the AMA. The Board is 
at an all-time high of cases heard and decided, but without a 
doubt much more needs to be done.
    As indicated in there, we have the good news that 22 newly 
appointed veterans law judges are coming online, and the first 
thing we need to do is because we still have a backlog is to 
get that--those teammates up and running as fast as possible 
and well-trained, well-staffed because every case is unique, 
Senator, and it is only a veterans law judge that hears and 
decides an appeal.
    So we need to make sure that those veterans law judges are 
as productive as they can be so that we can, one, eliminate the 
legacy backlog and then, two, look for all means and all ways 
possible. That includes technology, leveraging the team, and 
all aspects working with the Veterans Benefits Administration 
for things that we see need to be fixed at the first level and 
then at the appellate level, at the Board level.
    It also means working with the Court of Veterans Appeals 
because sometimes those cases go up to the Court. Some areas 
are affirmed, and some areas are remanded. And then that means 
the person needs to get back in line, so we end up with a 
conveyor belt of claims.
    So we would need to look like I have done in the military, 
Senator, is look at the systems, identify what works well, 
identify what needs to be fixed, and that is my commitment to 
you and to our veterans, to look at all ways, every means 
possible to improve efficiencies. And if there needs to be more 
things, I would be willing, ready, and able to engage with all 
stakeholders to obtain more resources or legal changes to 
achieve the highest efficiency possible, Senator.
    Chairman Tester. Senator Tuberville, Ms. Chaturvedi's son 
is a defensive end and wrestler, back there. Don't you think it 
is about time we get him out in the hayfields picking some hay 
bales? What do you think, Coach? Yes?
    Senator Tuberville. I am all in.
    Chairman Tester. All in, all right. Well, I want to thank 
our nominees and committee members for their thoughtful 
dialogue today. I ask that any post-hearing questions be sent 
to the clerk no later than 5 p.m. tomorrow, and I would ask 
that you guys answer them as soon as possible.
    This hearing is adjourned.
    [Whereupon, at 3:18 p.m., the Committee was adjourned.]

                            A P P E N D I X

                        Nomination Material for

                           ANJALI CHATURVEDI

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                        Nomination Material for

                          JAIME AREIZAGA-SOTO

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