Once the appeal is filed, the appellant has 14 days to file a $50 filing fee, or a Declaration of Financial Hardship, waiving the cost of the fee. When the Board of Veterans Appeals (BVA) makes a decision on a claim, the claimant has 120 days to appeal the decision to the Court of Appeals. Step-by-Step of Appeals Process at the Court Initial Filing If the attorney/representative wins the case, there is no fee or back pay due to the claimant. The Equal Access to Justice Act (EAJA) states that the VA will pay for attorneys’ fees for representation at the Court level. While most cases are generally issued by a single judge, occasionally they may be reviewed by a panel of three judges, or before the entire Court at an Oral Agreement. The median time for disposition of a single judge decision once it has been assigned is 69 days (2.3 months). The current (2023) median time from filing an appeal to the disposition of the case by the Court, is 286 days (9.5 months). The duration depends largely on the issue involving the claim. It could take a few months, up to over a year for a decision to be issued. If the appeal does not involve a question of VA law, the veteran may be advised to resubmit a new claim. However, the Court will only review cases in which VA law is in question. In the event of a denial, the veteran may appeal the decision. Sometimes, a Court may grant the claim, but it is a rare occurrence. The most common type of decision that is issued.Ī remand overturns the BVA’s decision with an order that the BVA must make a new decision after having completed the actions outlined in the Remanded Decision.Ī Court remand is considered a “win.” A decision to remand may occur early in the case (in a Joint Motion Remand, or JMR), or may be decided by a judge. The Court will make 3 kinds of decisions: Remand What You Need to Know About the Court Types of CAVC Decisions Record of Proceedings copy of the Board decision along with any documents in the RBA that were cited in the briefs or any other documents relevant to the appeal.Įqual Access to Justice Act attorney’s fees that are paid out to whichever party wins the case.Ĭentral Legal Staff the Office of General Counsel Record Before the Agency this is the copy of all relevant documents that were in the veteran’s claims file on the date that the Board issued the decision from which the appeal was based. Summary and presentation of the argument of that party The Secretary of the VA otherwise, the Court attorney handling the caseĪn email notification of any activity performed in relation to the Court case for example: filing a brief, filing a motion, filing an order The veteran/claimant who filed the appeal In the event that the Court denies the claim, the appellant may appeal that decision to the Federal Circuit. The court handles all appeals from BVA denials.Ī Court decision will grant, remainder or deny a claim. The Court is an appellate court of seven judges who are appointed by the President of the United States. While the CAVC handles veterans’ claims, it is not strictly a part of the Veterans Administration.
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