I think it's important to realize that if the enactment of the new appeal section came into effect, it simply means a paper review. It's not a de novo hearing. There can be no new facts presented, no new evidence presented. Someone reviews the paper decision that was made by the board. That's it. It's not worth it to do that at this particular time. Particularly when the backlog is building up, you will just add another time delay. There's no substance to this kind of an appeal. If there's going to be an appeal it should be a real appeal, a de novo.
On October 8th, 2009. See this statement in context.