HOME

TheInfoList



OR:

The United States Court of Appeals for Veterans Claims (in
case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called Reporter (law), reporters or law reports, or in a neutral style that identifies a decision regardless of where it is re ...
s, Vet. App.) is a federal
court of record A court of record is a trial court or appellate court in which a record of the Legal case, proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That writ ...
that was established under Article I of the United States Constitution, and is thus referred to as an
Article I tribunal Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: G ...
(court). The court has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions of the Board of Veterans' Appeals.


Overview

The United States Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The court was previously known as the United States Court of Veterans Appeals, but was changed to the current name by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368)., Opinions for the Veterans Court and other information about the Court can be found a
www.uscourts.cavc.gov
The Veterans Court is located in Washington, D.C. but may sit anywhere in the United States. While the Board of Veterans' Appeals is part of the
United States Department of Veterans Affairs The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers ...
, the Veterans Court is not a part of the VA, it is an independent federal court. The Veterans Court hears oral arguments and reviews final Board decisions, the record before the agency, and briefs of the parties on appeal. Each judge on the Court serves a 15-year term.


History

The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988., Prior to the establishment of the U.S. Court of Appeals for Veterans Claims, from the
U.S. Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
to 1988, there was no judicial recourse for veterans who were denied benefits. The
United States Department of Veterans Affairs The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers ...
, formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight. The Board of Veterans' Appeals, which is a part of the Department of Veterans Affairs, provided the final decision in a veteran's claim for benefits. Veterans, advocacy groups, and veterans service organizations fought and urged Congress to provide judicial review of VA decisions since the 1950s. The lack of judicial review persisted, however, until the increase in veterans claims following the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
. The struggles of these veterans to obtain VA benefits highlighted the lack of independent oversight in the adjudication process. The House Committee on Veterans' Affairs initially resisted, noting that the Department of Veterans Affairs stood in "splendid isolation as the single federal administrative agency whose major functions were explicitly insulated from judicial review." After decades of debate, on November 18, 1988, Congress created the United States Court of Veterans Appeals. On March 1, 1999, the Court's name was changed from the United States Court of Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368). From 1990 to 2016, thirteen of the seventeen jurists who served on the CAVC had been veterans.


Jurisdiction

The U.S. Court of Appeals for Veterans Claims has "exclusive jurisdiction to review decisions of the Board of Veterans' Appeals ... ith thepower to affirm, modify, or reverse a decision of the Board
f Veterans' Appeals F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. Hi ...
or to remand the matter, as appropriate."


Judges

Judges are appointed to the U.S. Court of Appeals for Veterans Claims by the
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...
and confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and ...
, in the same manner as Article III Judges. They are appointed to serve fifteen-year appointments. Retired judges are routinely recalled to active service to assist the Court in issuing its decisions in a timely manner.


Current composition

:


Former judges


References


Further reading


External links


United States Court of Appeals for Veterans Claims website

Court of Appeals for Veterans Claims Bar Association

Veterans Consortium Pro Bono Program

Veterans Law Library
– features updates to case law; new VA regulations; law review articles; and think tank (policy institute) reports. {{DEFAULTSORT:United States Court of Appeals for Veterans Claims
Veterans A veteran () is a person who has significant experience (and is usually adept and esteemed) and expertise in a particular occupation or field. A military veteran is a person who is no longer serving in a military. A military veteran that h ...
Veterans' affairs law in the United States 1988 establishments in the United States Courts and tribunals established in 1988