Understanding the Court of Appeals for Veterans' Claims (CAVC)
History
The United States Court of Appeals for Veterans' Claims (CAVC) is a federal appellate court established in 1988 with the passage of the Veterans Judicial Review Act (VJRA). Before then, veterans had little-to-no opportunity to appeal VA decisions. There was no way to contest a decision outside of the VA, and the VA decided for itself whether it made a mistake without any independent oversight. The creation of the CAVC established much needed VA oversight, finally providing an independent entity with which veterans can appeal unfavorable VA decisions.
Getting the CAVC to Hear Your Case
After a veteran has received a final decision from the Board of Veterans' Appeals (BVA), he or she has the right to have the BVA's decision reviewed by the CAVC. The CAVC is a federal court with judges who are appointed by the President and confirmed by the Senate. It is completely independent of the VA, and it decides cases either by single judge or by a panel of judges. A veteran seeking to appeal a BVA decision must file a Notice of Appeal (NOA) with the CAVC within 120 days of the BVA decision.
Summary of the CAVC Process
Notice of Appeal: Within 120 days after a veteran receives a decision from the BVA, he or she must file a notice of appeal with the CAV
Obtain Record: The VA then provides the veteran with a copy of the record before the agency that includes all information to be considered in the case within 60 days
Conference: The veteran schedules a conference with the CAVC and VA. 14 days before the scheduled conference, the veteran must file a summary of the issues including citations to governing law and the record.
Veteran's Opening Brief: If the VA does not concede errors during the conference, the veteran must then prepare a written legal argument citing pertinent facts in the record and relevant law. The deadline is typically 30 days after the conference is concluded.
VA's Brief: After the veteran submits his/her brief, the VA has 60 days to respond.
Veteran's Reply Brief: After the VA submits its brief, the veteran is afforded the opportunity to respond to the VA's argument within 14 days.
Oral Argument: In some instances, veterans may request oral argument before the CAVC.
CAVC decision: The CAVC reviews both the Veterans' and VA's arguments and makes a decision.
Should you have an attorney represent you?
Absolutely. The CAVC process is riddled with filing deadlines and court procedural and evidentiary rules. The VA has attorneys advancing complex legal arguments and navigating the CAVC process every step of the way. If you don't want to risk being outmaneuvered and outgunned by experienced VA attorneys, then obtaining an attorney to advocate on your behalf is the right call. It took a long time for you to get this far, and it's time to bring it home.
Additionally, most attorneys (including myself) that are licensed to practice before the CAVC represent veterans free of charge. Attorneys are able to represent veterans free of charge before the CAVC because they receive compensation for their time under the Equal Access to Justice Act from the Federal Government if they obtain a favorable outcome on your behalf.