The CAVC or Court of Appeals for Veterans Claims is a federal court that reviews decisions made by the Board of Veterans’ Appeals (BVA) regarding veterans’ benefits. The CAVC operates mostly by reviewing any errors made by the BVA with interpreting or applying the law. when they made their decision. Even if the CAVC affirms, reverses, or sends it back for further review, it doesn’t always mean the process is over. Depending on what the court decides, you may still have options to appeal and continue fighting for your desired outcome. In this blog, we will be going over the options you can take after a CAVC decision to help you better understand the appeals process.
Types of Decisions Issued by the CAVC
The CAVC can render one of three decisions when reviewing a BVA case. First, it can affirm the BVA’s decision, upholding the original ruling and denying any changes. Second, the CAVC can reverse the BVA’s decision, overturning the original ruling and potentially leading to the award of benefits. Finally, the CAVC can remand the case back to the BVA for further review. This occurs when the court finds errors or omissions in the BVA’s decision. A remand is not a final decision, as the case will be reconsidered by the BVA. If your case is remanded, you cannot take further action until the BVA issues a new ruling. Generally, you would want to appeal an affirmed CAVC decision if you continue to be denied benefits. Appealing a reversed ruling is less common as it typically results in the award of benefits.
Appealing to the U.S. Court of Appeals for the Federal Circuit
If you choose to appeal the CAVC’s decision, your next step may be to take your case to the U.S. Court of Appeals for the Federal Circuit. Here’s what you need to know:
- Eligibility Criteria: Appeals to the Federal Circuit focus on specific legal or constitutional issues. You can’t simply appeal because you’re unhappy with the outcome; there needs to be a legitimate legal reason behind your appeal.
- Scope of Review: The Federal Circuit’s job is to look for legal errors in the CAVC’s decision. This includes examining whether the law was interpreted correctly or if any constitutional rights were violated. The facts behind your case will not be taken into account, only legal or constitutional errors.
- Timeline: You typically have 60 days from the date of the CAVC’s decision to file your notice of appeal. You’ll need to file the notice and follow specific procedural steps, including submitting briefs that outline your arguments clearly.
Appealing Beyond the Federal Circuit
If you are still not receiving a favorable decision from the Federal Circuit Court, it is possible for veterans to take their appeals to the U.S. Supreme Court. This is a very intense process and requires many intricate steps. To be considered, you must file a petition for a writ of certiorari, which is a request for the Court to review your case. When doing so, it is important to demonstrate that your case presents compelling legal questions that warrant the Court’s attention.
Likelihood of Success at the Federal Circuit and Supreme Court
Success with appealing beyond the CAVC is tough. Statistics show many veterans face significant challenges when taking their cases to the Federal Circuit. The chances of winning an appeal there are generally low, as many cases end up upholding the original decision. If you’re thinking about going a step further and bringing your case to the Supreme Court, it’s important to set realistic expectations. The Supreme Court only takes on a small number of cases each year, and the odds of getting a favorable ruling are slim.
Your Next Steps After a CAVC Decision
Navigating the appeals process after a CAVC decision can be stressful. When faced with this challenge, it is important to set realistic expectations for yourself. Make sure that your case shows true legal/constitutional issues at stake before seeking a further appeal to improve the chances of success. It’s important to remember that seeking legal advice and expert representation can make a huge difference in this journey
If you’re feeling uncertain about what to do next after a CAVC decision, don’t hesitate to reach out to Veteran Esquire Legal Solutions. A denied or unfavorable CAVC decision doesn’t have to be the final word. Contact Veteran Esquire Legal Solutions today for a free consultation.