Transcript:
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Let’s say that you have appealed your VA claim all the way up to the Court of Appeals for Veterans Claims or CABC, but you still aren’t satisfied with the final decision of the court. Let’s say that the court continues to uphold the decision of the VA. Assuming your case is under the jurisdiction of the Appeals Modernization Act or AMA, you have two options for appeal at this point. First, if you believe more evidence might be needed for the VA to ultimately grant your claim and you think you can obtain
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that evidence, you probably want to consider filing a supplemental claim with the VA with that new evidence. You would need to submit the supplemental claim and that new and relevant evidence to the VA regional office within one year of the court’s decision to maintain the original effective date of your claim. Now, this can be helpful if along the way, either at the board or the courts, one of those two tribunals has indicated that they can’t grant the claim because they’re missing some
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specific piece of evidence. But let’s say that scenario doesn’t apply to you. You feel that the VA has just gotten this wrong and subsequently the court has just gotten this wrong. You have 60 days to file an appeal with the United States Court of Appeals for the Federal Circuit. But this court has very limited jurisdiction. It cannot review every board denial, every court denial. In order for the Federal Circuit to have jurisdiction, you have to show legal error. You have to bring up a
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constitutional issue or you have to show an error in regulatory interpretation. Generally, the Federal Circuit does not have jurisdiction over issues involving factual findings by the court, the board, or the VA. decisions by the Federal Circuit are going to usually be the final step in the judicial review process for VA claims for most veterans. It’s a very narrow avenue for review, but if you lose at the Federal Circuit, your only option from there is the United States Supreme Court, which
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becomes even more difficult um to gain jurisdiction in. We do handle cases at the federal circuit circuit here at Glover Luck and we’d be more than happy to take a look at your
This transcription was AI populated.
