Court of Appeals for Veterans Claims (CAVC): Taking Your Case to Federal Court

The U.S. Court of Appeals for Veterans Claims (CAVC) is an independent federal court that reviews decisions from the Board of Veterans Appeals. It sits outside the VA entirely, with judges appointed by the President and confirmed by the Senate. When the Board gets it wrong, CAVC is the check that ensures the law is followed.

What CAVC Does and Does Not Do

CAVC is not a second Board hearing. The court reviews Board decisions for legal errors, not factual disagreements. Specifically, CAVC evaluates whether:

• The Board applied the correct legal standards and regulations
• The Board's factual findings are supported by evidence in the record
• The Board provided adequate reasoning to explain its decision
• The Board followed proper procedures and respected due process

What CAVC does not do:

• Consider new evidence (the court reviews only what was before the Board)
• Re-weigh evidence or second-guess credibility determinations
• Conduct hearings or take testimony
• Grant service connection or increase your rating directly

If CAVC finds a legal error, it typically sends your case back to the Board (remand) with instructions to fix the problem and issue a new decision. CAVC is a referee checking whether the rules were followed, not a replacement decision-maker.

When to Consider a CAVC Appeal

Strong Grounds for Appeal

CAVC appeals are strongest when the Board made a clear legal mistake:

Legal errors:

• Applied the wrong statute, regulation, or precedent
• Used an incorrect standard of proof
• Violated established CAVC or Federal Circuit precedent
• Misinterpreted a regulation's plain language

Inadequate reasoning:

• Stated conclusions without explaining the logic behind them
• Ignored significant evidence favorable to your claim
• Contradicted itself within the same decision
• Failed to explain why one medical opinion was preferred over another

Procedural problems:

• You were not given proper notice or opportunity to respond
• A hearing you were entitled to was denied
• The Board failed to develop the record when it had a duty to do so

When CAVC Is Not the Right Move

Do not appeal to CAVC when:

• You simply disagree with how the Board weighed the evidence (the Board gets deference on factual findings)
• You have new evidence that could change the outcome (file a Supplemental Claim instead — it is faster and cheaper)
• The Board's decision was legally sound even though you disagree with the result
• The potential benefits do not justify the cost and time of federal litigation

The CAVC Process Step by Step

Step 1: Consult a CAVC Attorney (Days 1-30)

This is not optional in practice. CAVC is a federal court with complex procedures, and self-represented veterans have very low success rates. Most CAVC attorneys offer free case evaluations and can quickly tell you whether your case has appealable legal issues.

Where to find CAVC attorneys:

• National Veterans Legal Services Program (NVLSP)
• State bar association veteran law sections
• Law school veteran legal clinics
• The CAVC website lists admitted attorneys

Step 2: File Notice of Appeal (By Day 120)

The Notice of Appeal initiates your case at CAVC. It requires a $50 filing fee (waivable for financial hardship) and identifies you as the appellant and the Board decision being challenged. Filing is done electronically through the CAVC's CM/ECF system. This step is relatively simple — the complexity comes later.

Protective filing: If you are unsure whether to proceed, file the Notice of Appeal anyway to preserve your rights. The $50 fee is a small price to keep your options open while you decide.

Step 3: The Record Before Agency (Months 2-4)

After you file, the VA Secretary must submit the Record Before Agency (RBA) — all documents the Board considered when making its decision, including your complete claims file. The Secretary has 60 days for this. CAVC review is limited to this record.

Step 4: Briefing (Months 4-10)

This is the substance of a CAVC appeal. Your attorney files a principal brief arguing why the Board's decision contains legal error. The VA Secretary (represented by Department of Justice attorneys) files a response brief. You may file a reply brief.

CAVC briefs are technical legal documents that cite statutes, regulations, and case precedents. They identify specific errors, explain why those errors were not harmless, and propose remedies. This is where experienced CAVC counsel makes the biggest difference.

Step 5: Joint Motion to Remand — The Likely Outcome

In approximately 70-80% of CAVC cases, after reviewing your brief, the VA Secretary agrees that the Board's decision contains error. Rather than fighting through full briefing and a court decision, the parties negotiate a Joint Motion to Remand (JMR).

A JMR is an agreement between you and the VA to send the case back to the Board with specific instructions to correct the identified error. CAVC typically grants JMRs within days of filing.

Why JMR is often the best outcome:

• Resolves your case in 6-8 months instead of 12-24 months
• Lower attorney fees since briefing is cut short
• The VA has acknowledged the error
• Board decisions on CAVC remand tend to be more favorable because the Board knows CAVC is watching

Step 6: Court Decision (If No JMR)

If the case goes to full decision, a three-judge CAVC panel issues a written ruling. Possible outcomes:

• Remanded: Most common. CAVC sends the case back to the Board with instructions to correct the error.
• Reversed and remanded: CAVC determines the outcome should be different, and remands for the Board to apply the correct law.
• Reversed (rare): CAVC overturns the Board decision outright when only one outcome is legally possible.
• Affirmed: CAVC agrees with the Board. Your options are limited to Federal Circuit appeal, Board reconsideration, or Supplemental Claim with new evidence.

Costs and Attorney Fees

Filing Costs

The Notice of Appeal costs $50 (fee waiver available). There are no other court fees.

Attorney Fee Arrangements

Contingency fee (most common): The attorney receives a percentage of past-due benefits if you win, typically 20-33%. You pay nothing upfront and owe nothing if you lose. CAVC must approve the fee, which cannot exceed 33.3% of past-due benefits.

Hourly fee: You pay for attorney time regardless of outcome, typically $250-500 per hour. Total costs commonly run $5,000-25,000 depending on complexity.

Pro bono (free): Some organizations and law school clinics provide free CAVC representation, typically for cases with strong legal issues or veterans with financial need.

Cost-Benefit Example

Your Board denial involved a claim worth $1,500/month in compensation with three years of potential retroactive benefits ($54,000). A CAVC attorney takes the case on 25% contingency. If the JMR is granted and the Board eventually approves your claim, the attorney receives $13,500. You receive $40,500 in back pay plus $1,500/month ongoing. If you lose, you owe nothing.

Timeline Expectations

If resolved by JMR (most cases): 6-8 months from filing Notice of Appeal to JMR grant. Your case then returns to the Board, which typically takes another 6-12 months to issue a new decision.

If fully litigated: 12-24 months from filing to court decision, then additional time at the Board after remand.

Total time from CAVC filing to receiving benefits: Plan for 1-3 years depending on complexity and whether the case settles via JMR.

Common CAVC Mistakes

• Missing the 120-day deadline: Fatal and unfixable. File the Notice of Appeal even if you are still deciding whether to proceed.
• Self-representation: CAVC is a federal court. Pro se appellants rarely succeed. Invest in experienced counsel.
• Appealing without strong legal issues: CAVC reviews for legal errors, not factual disagreements. Have an attorney evaluate your case honestly before committing.
• Expecting an immediate grant: CAVC almost never grants benefits directly. Plan for a remand back to the Board, followed by a new Board decision.
• Ignoring JMR opportunities: If the VA offers to settle via JMR, seriously consider it. You get most of what you would get from a full victory, in half the time and at lower cost.