The process in a U.S. Court of Appeals for Veterans Claims (CAVC) or Veterans Court appeal involves multiple steps overseen by a federal court, which can be confusing and daunting. You can appeal a decision made by the Board of Veteran Appeals (BVA) by filing an appeal with the CAVC. The CAVC, a federal appellate court with judges appointed by the President of the United States, retains exclusive jurisdiction to review all final BVA decisions.
Balkcom Law Firm will be glad to assist you through the CAVC appeals process and answer any questions you may have about your rights or what the next steps are. Contact our office to request a free consultation: 804-482-0036.
What steps are involved in Court of Appeals for Veterans Claims appeals?
When a veteran disagrees with the BVA’s decision, he or she has the right to ask the Court of Appeals for Veterans Claims to provide a judicial review. By filing an appeal, the veteran (called an appellant) is essentially taking legal action against the Secretary of the U.S. Department of Veterans Affairs (called the appellee). Once the case transfers to the Court of Appeals for Veterans Claims, it is no longer under the jurisdiction of the Department of Veterans Affairs (VA). It becomes a federal case.
Once at the Court of Appeals for Veterans Claims, the legal process can get even more perplexing and tangential than the earlier stages of appeals. If you have yet to retain a lawyer, now would certainly be the time to do so. A lawyer can walk you through the process and help you prepare the best legal argument possible.
Below is a brief overview of the steps involved in a CAVC appeal:
- We will file a Notice of Appeal (NOA) with the CAVC within 120 days of the BVA decision on your case and request a copy of your claims file from the VA.
- The Court will then notify all involved parties that the case is under appeal, place the case on the docket (the Court’s record and scheduling of proceedings), and issue everyone a Notice of Docketing. When the clerk at the CAVC dockets your case, your claim officially becomes a court case.
- The VA will then have to serve you with a copy of your complete file referred to as the Record Before the Agency (RBA), and the Court will then issue you a 60-day Notice to File Brief.
- We will review your records for accuracy and submit your Designation of Record (DOR) to the Court within 60 days of docketing.
- Our attorneys will review your VA claims file (called the Record Before the Agency or RBA) and discuss a strategic plan of action with you.
- The Court will schedule a briefing conference and send you an order with the date and time of the initial conference.
- We will participate in a telephone conference on your behalf with the VA attorney. A member of the Court’s Central Legal Staff will moderate the conference. We will try to resolve the issues during the call. The sooner we can get the original decision overturned, the sooner you can receive your benefits.
- If the issues in your case are not resolved at this conference, we will proceed to briefing. (Briefs are simply written arguments provided to the Court.)
Once the Court has received all the records and briefs, it will assign your case to a Court of Appeals for Veterans Claims judge who will render a decision.