For many years, the VA was insulated from attorney representation and judicial oversight. The VA lived in this splendid isolation until November 18, 1988, when President Reagan signed into law the Veterans’ Judicial Review Act, which established the United States Court of Veterans Appeals, later renamed the United States Court of Appeals for Veterans Claims (Court or CAVC). Today, the Court reviews thousands of decisions from the Board of Veterans’ Appeals (Board or BVA) to ensure the VA is following the law.
What is the CAVC?
The Court is currently authorized to have seven permanent, active Judges, and three additional Judges. Judges are nominated by the President and confirmed by the Senate for 15-year terms, with the option of becoming a recall-eligible Senior Judge upon retirement. To learn more about these judges, you can visit the CAVC website here.
The Court has “exclusive jurisdiction”—meaning it is the only Court that has the ability to review—decisions from the Board of Veterans’ Appeals. If you receive a BVA decision that you disagree with, you have 120 days to file an appeal with the Court. The Court will then review the Board decision to determine whether the Board followed the law. To make this decision, the Court will consider the Record Before the Agency, or all the documents the Board had when it made its decision; written briefs; and sometimes oral arguments. The Court is not allowed to consider new evidence. If the Court determines that the Board did not adequately follow the law, the Court will likely vacate, or set aside, the old decision, and remand, or send the case back, for the Board to render a new, adequate decision.
In FY 2025, the Court received 10,449 appeals and resolved 16,236 matters. Also in FY 2025, the median time from filing an appeal to disposition of the matter by the Clerk of the Court was 233 days (7.8 months), a single Judge was 422 days (14.1 months), and the Court as a whole was 246 days (8.2 months). Although a decision by the Court might take time, the Judges’ experience and authority are often worth the wait.
Where is the CAVC located?
The Court’s principal office is in Washington, D.C.; however, the Court is also authorized to sit anywhere in the United States and conducts filing electronically so that veterans who are not located in the Washington, D.C. region may still participate.
How do you appeal your case to the CAVC?
To appeal your case to the CAVC you need two things: a “final” Board decision and a timely appeal.
What is a “final” Board decision?
A Board decision comes from a judge at the Board of Veterans’ Appeals and is different than a decision from the VA regional office. If you are unsure whether you have a Board decision, you can call the VA status hotline at (800) 827-1000. You will also need to confirm that the Board made a “final” unfavorable decision, meaning the Board denied your claim in some way. If the Board remanded, or sent back, your claim, then the decision is not final yet.
What is a timely appeal?
Once you confirm you have a recent, final Board decision, you must file a written Notice of Appeal (NOA) that includes the following information:
- Current name
- Current address
- Current telephone number
- Current e-mail address (if available)
- VA claims file number
- Date of Board decision being appealed
The Notice of Appeal must be received by the Court not later than 120 days after the date stamped on the front of the BVA’s decision (the date the decision was mailed).
You will also need to file either a Declaration of Financial Hardship form or a $50 nonrefundable filing fee. If you choose to pay the fee, you may do so electronically through Pay.gov after a case number has been assigned or by mail.
The NOA form, Declaration of Financial Hardship form, and other relevant Court forms, can be found here. These completed forms can be sent to the Court in any of the following ways:
- By fax: (202) 501-5848
- By mail:
- Clerk of the Court
- United States Court of Appeals for Veterans Claims
- 625 Indiana Avenue NW, Suite 900
- Washington, DC 20004-2950
- By e-mail for self-represented appellants: self-rep@uscourts.cavc.gov
- By e-mail for represented appellants: esubmission@uscourts.cavc.gov
For additional assistance, you may contact the Court by phone at (202) 501-5970 or check the Court’s website here.
Do you need an attorney or VSO to appeal to the CAVC?
No, you do not need an attorney or VSO to appeal to the CAVC. In FY 2025, 12% of people who appealed to the Court represented themselves. However, having an experienced representative can make a big difference at the Court for two reasons.
First, the Court is an Article I court that follows certain legal and procedural rules that may be difficult to navigate without experience. Second, a knowledgeable attorney or VSO will know how to present your case in the strongest light and how to navigate the Court’s limited jurisdiction while also vigorously representing you.
Contact us to appeal now!
Has the Board of Veterans’ Appeals denied your claim for VA disability benefits within the last 120 days? If so, you should consider appealing your case to the Court of Appeals for Veterans Claims with an experienced attorney or VSO.
Vets National is here to help you appeal your denied VA disability claims! Contact us to reach our advocates today, or call (877) 777-4021 to take the next step in obtaining the VA disability benefits you deserve.
