The CAVC has exclusive jurisdiction over final decisions by the Board of Veterans’ Appeals. Per the Court’s website, “The NOA must be received by the Court not later than 120 days after the date on which the Board mailed the notice of the decision to the last known address of the appellant.

Please note: The date stamped on the front of the BVA’s decision is the date it was mailed.“

While there is a degree of overlap between the two, representation before the agency focuses on evidentiary development to support legal theories and representation and representation at the CAVC level focuses on legal errors made by the VA or the Board. One critical difference is that the VA allows for agents and veterans service officers to represent veterans before the agency, while the CAVC requires licensed attorneys, or non-attorney practitioners under the supervision of an attorney. Our firm focuses almost exclusively on practice before the CAVC. This allows us to be specialized in our practice before the CAVC and stay current on the legal landscape while still allowing us to work intimately with our client’s agency representatives.

Although a person could proceed pro se, representing themselves, it is not recommended. One of the most challenging aspects of self-representation is not only understanding the procedural requirements, such as deadlines, but also navigating the legal landscape. With that said, there is no downside to attorney representation as most attorneys, including our firm, who practice before the CAVC practice without charge to the appellant and recover their fees from the VA through a fee-shifting process. Under the Equal Access to Justice Act, when the government’s position at the agency was not substantially justified, Congress permits the attorney to recover fees from the agency.

Unlike the VA, the Court has specified deadlines for different stages of the case but there is no definitive length that a case can take because different cases are resolved at different stages and the complexity of the issues presented by case can make the process take longer. In a typical case, following filing the appeal, the Court will order the VA to serve the Record Before the Agency within 60 days. Following, the Court will issue a Notice for Brief within 60 days or within 30 days of a pre-briefing conference, which is issued relative soon after the Notice for Brief. If the case resolves at the conference stage then the case could be resolved as quickly as 6 months from filing the appeal. Should the case proceed to full briefing and a judge’s decision the case could take substantially longer, typically in excess of a year.

The goal of appealing to the CAVC is the same as at the agency: get the benefits that you are entitled to. In rare circumstances the CAVC can “reverse” an unfavorable Board of Veterans’ Appeals decision and instruct the Board to grant the benefit. However, the CAVC is a federal court of limited jurisdiction to review findings made by the Board and when the Board fails to make adequate findings in the first instance, the Court is required to vacate the Board’s denial and “remand” the issue back to the Board to support the necessary findings with adequate reasons or bases. Both a “reversal” and a “remand” are considered positive outcomes as it voids the Board’s denial.

You can follow along with your appeal at USCourts.CAVC.Gov. On the left-hand side of the page and at the bottom of the red column, click “Docket Search.” Enter your docket number and click “Search.” Click on your docket number above your name (do not click on your name). Click “Full Docket” near the middle, top of the page. On the following page, click “Run Docket Report” near the middle to view everything on your docket.

We have represented hundreds of people at the CAVC. This includes appealing unfavorable Board of Veterans’ Appeals decisions and petitions (based on unreasonable delay).

The Court requires a $50 filing fee for an appeal or petition. This fee can be waived in cases of financial hardship. Our firm’s representation is free to the client as we collect our fee from the agency in the event we are successful. In the event we are unsuccessful there is no charge to the client.