Court of Appeals for Veterans Claims

Real Results from Our CAVC Cases

Werner Hoffman Greig & Garcia represents claimants before the Court of Appeals for Veterans Claims. This Court is not part of the Department of Veterans Affairs. Rather, the Court of Appeals for Veterans Claims is a federal court that hears a veteran’s appeal of the Board of Veterans’ Appeals decision.

The Board’s decision represents the VA’s final action in the claim. However, the CAVC court has the jurisdiction to review—and, if warranted—vacate or reverse the VA’s decision.

Below, you’ll find case summaries highlighting our strategies and outcomes in cases before the CAVC court.

J.L. vs. Denis McDonough

The Board erred by failing to provide necessary exams, fully investigate stressors, and obtain relevant records, violating the VA’s duty to assist the client’s claims for MDD, PTSD, and hearing loss

S.L-M. vs. Denis McDonough

The Board erred by failing to consider the veteran’s DD-214, which documented her active-duty service, and provided no explanation for rejecting this crucial evidence in its decision.

F.W. vs. Denis McDonough

The Board failed to fully verify stressors, notify the veteran about alternate PTSD evidence, and assess behavioral changes linked to in-service personal assault.

G.M. vs. Denis McDonough

The Board failed to comply with the Court’s remand order by not addressing whether the VA examiner properly considered in-service medical evidence related to the veteran’s sleep apnea

R.S. vs Denis McDonough

The Board erred by relying on evidence outside the proper evidentiary period and failing to provide adequate reasons for denying a higher rating for the veteran’s service-connected depressive disorder

N.S. vs. Denis McDonough

The Board failed to consider key lay statements about memory loss and suicidal ideations when evaluating the veteran’s MDD, necessitating a remand for proper review.

D.S. vs. Denis McDonough

The Board failed to address evidence of pain from 2011 and overlooked the possibility that a 2013 filing was a Notice of Disagreement, not just a new claim for an increased evaluation.

O.N. vs. Denis McDonough

The Board violated a prior Court order when it did not assist in corroborating the veteran’s stressors and by not addressing critical in-service psychiatric evidence.

O.N. vs. Denis McDonough

The Board failed to assist by not gathering key evidence or following a remand order, neglecting critical aspects of the veteran’s PTSD claim.
Learn About Common CAVC Issues

Questions about CAVC

The Court, commonly referred to by the acronym CAVC, was established by Congress in 1988 to review VA’s decisions on veterans’ disability claims.  Claimants can appeal decisions by the Board of Veterans’ Appeals to the Court to correct any errors in the Board’s decision. 

Claimants have 120 days from the date of the Board of Veterans’ Appeals decision to notice an appeal to the Court.

The Court’s filing fee is $50 but the Court will waive the fee if paying it would cause financial hardship for a claimant.

Our representation before the Court is free.  We’re able to do this because if we’re successful the government will pay our attorney fees on your behalf.

For claims still in the legacy system, an appeal to CAVC is a claimant’s only option to correct an erroneous Board decision.  This is generally the rule for Regional Office decisions that pre-date February 19, 2019, for which a VA Form 9 was filed to appeal.

Under the Appeals Modernization Act (AMA), claimants still have the option to appeal to CAVC but can also file a supplemental claim within one year of the Board’s decision.  Claimants are allowed to do both at the same time (appeal to CAVC and file a supplemental claim).  The modernized system generally applies to Regional Office decisions that post-date February 19, 2019, or where the claimant has opted into the new system.

Claimants must submit new and relevant evidence with a supplemental claim.

An attorney isn’t required; claimants can file their own appeal and represent themselves before the Court.  But your best chance of winning your appeal is through someone well-versed in veterans law who can spot any errors made by the Board.  Cases at CAVC are adversarial, meaning the claimant and VA are on opposite sides arguing for and against.  In every appeal the VA will be represented by an attorney who will argue that the Board made no error and that VA’s decision should be affirmed. 

When the Court finds the Board erred in its decision, the Court will most often vacate the Board’s decision and remand the claim back to the Board to correct its error and issue a new decision.  Occasionally, where the Board’s error is so egregious, the Court will reverse the Board’s finding.  Even in this situation, the Court will remand the claim back to the Board for it to issue a new decision.

What’s important to understand is that the Court does not grant or deny claims.  Rather, it sits more like a referee to ensure the VA complies with the law and properly applies the facts of each claim to the controlling rules and regulations.

On average anywhere from six to eight months to one to two years.  For appeals where the claimant is represented by an attorney, the Court provides a process where the two parties can agree the Board erred.  This occurs before the parties begin the formal briefing process and, if the Secretary concedes error, can result in a remand within six to eight months of filing the appeal.  For claimants represented by attorneys this is the most common result.

For cases that undergo formal briefing that must be reviewed by one of the Court’s judges, it can take roughly one to two years after filing the appeal to get a decision.

Claimants can appeal CAVC decisions to the Court of Appeals for the Federal Circuit and, if necessary, to the U.S. Supreme Court. 

For claims governed by the modernized appeals system, claimants can also file a supplemental claim within one year of the Court’s decision. However, the supplemental claim must be accompanied by new and relevant evidence to trigger VA’s obligation to adjudicate the claim. 

Need to appeal your VA decision?

Get in touch today and schedule a free consultation.

×