What is the Veterans’ Judicial Review Act?
President Ronald Reagan signed into law, the Veterans’ Judicial Review Act (Pub. L. No. 100-687) on November 18, 1988. Before this change in the law, if you were denied your VA benefits there was no legal recourse.
The important legal change finally gave Veterans and their families the right to judicial review of any adverse rulings on their VA benefit claims. The U.S. Court of Appeals for Veterans Claims (CAVC) was established and our Nation’s veterans finally were given the right to appeal the Government’s decisions on VA benefits.
As a court of record, CAVC is part of the United States judiciary and not part of the Department of Veterans Affairs. The laws creating and establishing the Court are codified in chapter 72 of title 38, United States Code.
CAVC has exclusive jurisdiction over decisions of the Board of Veterans’ Appeals (Board or BVA). CAVC reviews Board decisions appealed by veterans who believe the Board erred in its decision.
“The Court’s review of Board decisions is based on the record before the agency and arguments of the parties, which are presented in a written brief, with oral argument generally held only in cases presenting new legal issues.” https://www.uscourts.cavc.gov/about.php
Have you been denied any of your VA benefits? Legal Help is Available
Call our office today at 800-861-7262 for a free consultation. We are certified Veteran Appeal Attorneys and are dedicated to helping you obtain all the benefits you deserve. We understand the military legal system and can help you navigate the appeal process.