When a veteran files an appeal after receiving a decision from the Board of Veterans Appeals (BVA), the Court of Appeals for Veterans Claims (CAVC) will review the decision. The CAVC is a specialized federal court that reviews decisions made by the BVA to make sure they properly applied the law in their decision. During this appeals process, there may be a CAVC hearing. This is a legal proceeding held at the CAVC where the veteran can challenge the BVA’s decision if they disagree with it. In this blog, we will be going over what to expect at a CAVC hearing including the types of hearings and what a hearing looks like.
Types of CAVC Hearings
The CAVC differs from typical courts because it focuses on reviewing the initial decision instead of conducting trials. Below is a breakdown of the types of hearings or proceedings at the CAVC:
1. Panel Decisions
Panel decisions are cases heard by a panel of three or more judges and are reserved for cases that involve complex legal issues. Oftentimes, these cases may set a precedent and impact the future of veterans law.
2. Single-Judge Decisions
A single-judge decision is simply when one judge reviews and decides the case. This is a common approach to CAVC cases, especially when the legal issues at stake are not very complex or require a full panel.
3. Oral Arguments
Oral arguments are rare and only take place in CAVC hearings when the court thinks the case could benefit from them. They are when the veteran’s attorney and VA counsel present arguments to the judge or panel in the courtroom. This is only necessary when deeper clarification of the case is necessary for the judges to make a decision.
4. En Banc Hearings
An En Banc Hearing is when all active judges of the court hear the case. This type of hearing is only necessary when the case is of extreme importance or there is a need to resolve conflicting decisions from different panels.
5. Non-Hearing Cases (Decision on the Record)
A non-hearing case is the most common approach to CAVC cases. This is when cases are decided based on written briefs from the veteran with no in-person hearing. With these types of cases, it is typically not necessary for oral presentations and allows the court to focus on legal errors made in the decision.
The CAVC Hearing Process
Although it is rare for hearings at the CAVC, here is what a CAVC hearing typically looks like:
Courtroom Layout:
- The hearing usually takes place in a formal courtroom. A judge, or a panel of judges, presides over the proceedings.
- The appellant’s counsel (your attorney) and VA counsel (the government’s representative) are seated at separate tables, facing the bench where the judge(s) sit.
Technology and Accessibility:
- CAVC hearings may also occur via teleconference or videoconference, offering veterans flexibility and reducing the need for travel.
Process During the Hearing:
- Both sides present oral arguments, emphasizing their interpretation of legal errors in the VA’s decision. Judges may interrupt to ask clarifying questions.
Formality and Atmosphere:
- The atmosphere is professional but not intimidating. Veterans are not required to testify or present their case personally. Instead, their attorney handles the legal arguments.
Take the Next Step with Confidence
With proper preparation and legal support, you can strengthen your appeal and improve your chances of success. Although it may seem like a complex and stressful process, having a clear understanding of the process helps ensure that every detail of your case is effectively presented.
For guidance and representation in your CAVC hearing, contact Veteran Esquire Legal Solutions today. Our experienced team is here to advocate for your rights and help you achieve the benefits you deserve.