​​​​Social Security Disability and Veterans Compensation Attorneys

SSA Lawyers P.A.

Understanding the U.S. Court of Appeals for Veterans Claims (CAVC) Process

When your claim for VA disability benefits has been denied or only partially granted—even after appealing to the Board of Veterans’ Appeals—you still have options. One important next step is filing an appeal with the U.S. Court of Appeals for Veterans Claims (CAVC), a federal court that reviews final decisions made by the Board.

Below, we explain what the CAVC is, what it does, and what veterans can expect during the appeals process.

What Is the CAVC?

The CAVC is an independent federal court, not part of the Department of Veterans Affairs. It was established in 1988 to provide judicial oversight of the VA claims process. The Court’s primary role is to review decisions made by the Board of Veterans’ Appeals to determine if the law was applied correctly and whether the veteran’s rights were respected during the appeals process.

When Can a Veteran Appeal to the CAVC?

You can appeal to the CAVC only after receiving a final decision from the Board of Veterans’ Appeals. You have 120 days from the date of the Board’s decision to file your Notice of Appeal with the Court.

What Issues Can the CAVC Review?

The CAVC does not reweigh the evidence or determine the veteran’s level of disability. Instead, it focuses on whether:

The VA violated any legal or procedural rights.
The Board failed to provide adequate reasons for its decision.
The VA did not properly develop the claim or consider relevant evidence.
The decision was clearly erroneous based on the record.

The CAVC Appeal Process

Here’s a general overview of the steps involved:

Filing the Appeal

A Notice of Appeal must be filed with the Court within 120 days of the Board’s decision. This form is simple, but timing is critical.
Notice of Appearance & Record Preparation
Your attorney files a Notice of Appearance. Then, the VA provides a copy of the record used to decide your claim (the Record Before the Agency or RBA).

Briefing Schedule
Both parties (you and the VA) file written arguments, called “briefs.” Your attorney’s brief explains how the Board erred, while the VA’s counsel will defend the Board’s decision.
Court Review and Decision
A panel of judges—or in some cases, a single judge—reviews the briefs and the record. The Court may:
Affirm the Board’s decision
Vacate (cancel) the decision and remand it (send it back) for further review
Reverse the decision in rare cases

Further Appeals
If necessary, a party can appeal the CAVC’s decision to the U.S. Court of Appeals for the Federal Circuit, and ultimately to the U.S. Supreme Court.

Why Legal Representation Matters

The CAVC process involves complex legal arguments, strict deadlines, and detailed procedural rules. Having an experienced VA disability attorney can make a significant difference in identifying legal errors and presenting your case effectively. At our firm, we are proud to represent veterans before the CAVC and fight for the benefits they deserve.

We’re Here to Help

If you’ve received an unfavorable decision from the Board of Veterans’ Appeals, don’t give up. Contact our office today to schedule a free consultation and learn more about your right to appeal to the U.S. Court of Appeals for Veterans Claims.

SSA Lawyers PA
4925 Independence Parkway, Suite 195
Tampa, FL 33634
📞 1-813-221-1300