There are many considerations in discussing how to Appeal to the CAVC, the US Court of Appeals for Veterans Claims. The US Court of Appeals for Veterans Claims (CAVC) is usually the highest court in the land when it comes to Veterans Administration benefit matters. In that respect, the CAVC is a lot like the United States Supreme Court. Every year, the Supreme Court looks at thousands of cases and they only issue decisions in a few of them. Similarly, the CAVC considers many appeals, but only returns victim-friendly decisions in a few of them.
Interestingly, unlike the Supreme Court, the CAVC does not have a permanent courthouse. Instead, its judges or panels of judges sit in different places by designation.
Possible CAVC Resolutions
Since it is a court of last resort, the CAVC is not a trial court. It does not consider old or new evidence. It only looks at the record and determines if the lower court, which is usually the Board of Veterans Appeals (BVA), made the right decision.
Procedurally, appellate courts, including the CAVC, can usually do one of the following things with the cases they consider:
- Remand: Most CAVC decisions are remands. The judge or judges identify the error and send the case back to the BVA with instructions for handling the matter’s reconsideration in light of the error.
- Adjudicate: In rare instances, the error was so egregious and the matter is so serious that the CAVC decides the matter.
- Dismiss: In the alternative, the CAVC can dismiss the appeal. SOmetimes, the court cites jurisdictional or procedural matters. But typically, the CAVC says there was either no error or the error was not severe enough to warrant a remand.
The CAVC usually allows limited oral arguments. But again like the Supreme Court, these oral arguments may not have much effect. Generally, most appeals court judges have pretty much made up their minds by the time they hear oral arguments.
Likely Remand or Adjudication Scenarios
A technical error by itself will probably not trigger a favorable CAVC result. The court could easily find that the error did not substantially affect the outcome. So, to obtain review and have a chance at a reversal, a disability attorney needs a hook.
Sometimes, that hook is a dispute among lower courts. Post Traumatic Stress Disorder is a good example. Scientists know that witnessing combat stress injures the brain and causes PTSD. But no one is sure what causes that injury. It could be a one-time extreme event, like a vicious firefight. Or it could be the cumulative result of smaller incidents, like multiple combat patrols in dangerous areas.
Alternatively, everyone likes to hook the big fish. If the case has tremendous implications, the CAVC might want to weigh in on the controversy. Burn pits in Iraq and Afghanistan are a good example. Many veterans claim these open-air pits, which burned all types of refuse in a camp, made them sick. Beau Biden, the son of the former Vice-President, developed brain cancer in Iraq, which may have been caused by burn pit exposure.
The VA has consistently said that environmental factors, like dust and particulate matter, caused these injuries. But recent studies, and a recent Department of Labor decision, suggest otherwise.
Reach Out to Dedicated Attorneys
A strong showing before the CAVC may be your last chance to obtain the compensation you deserve. For a free consultation with an experienced veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to successfully represent veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.