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If you receive a denial from the Board of Veterans’ Appeals, one option for further appeal that you have is to appeal to the United States Court of Appeals for Veterans Claims or CABC. Some people call it CAVIK. The CAVC is a federal court of record that was established under article one of the United States Constitution. So, it’s an article one tribunal or court. What that means is that it is a legislative court that is specialized to hear or handle public rights matters. Bankruptcy courts, tax courts, military courts are
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also considered article one courts. Here, the CBC has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions by the board of veterans appeals. That is their exclusive jurisdiction. Veterans advocacy groups, service organizations fought and urged Congress for decades to provide some sort of judicial review of VA decisions. However, this lack of judicial review persisted until the Vietnam War. After the Vietnam War, we had a huge increase in the number of veterans and a huge
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increase the number of veterans claims. The struggles of these veterans to obtain VA benefits highlighted the lack of independent oversight and the need for independent oversight. So in response, the CABC was finally created in 1988. The court has the power to affirm the decision of the VA. They can modify the decision. They can reverse the decision, but more often than not, they are going to remand the decision of the board. Now, there’s no law that requires you to have an attorney to represent your interests at the Court of
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Appeals for Veterans Claims, but do be aware that the VA will be represented by an attorney, and maybe obtaining your own attorney is the best way to make sure that you’re being treated fairly. Typically, attorneys who represent veterans at the CAVC will petition the court for their attorney fees to be paid through the Equal Access to Justice Act, and you won’t be required to pay any money upfront or any money from your past due benefits for the work done at court. We handle cases at the CAVC. If
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you feel that you need to appeal your case there or you have a case pending there, please reach out.
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