No, the CAVC, or the Veteran’s Court, is an independent Court—not a part of the VA.

As a court of record, the Court is part of the United States judiciary and not a part of the Department of Veterans Affairs. The laws creating and establishing the Court are codified in chapter 72 of title 38, United States Code.

The Court is authorized seven permanent, active Judges, and three additional Judges as part of temporary expansion provisions. Judges generally are appointed for 15-year terms, and each Judge has the option upon retirement to agree to be available for further service as a recall-eligible Senior Judge. During any period of recall service, a Senior Judge has all of the judicial authority and powers of a Judge in active service.

The Court has exclusive jurisdiction over decisions of the Board of Veterans' Appeals (Board or BVA). The Court reviews Board decisions appealed by claimants who believe the Board erred in its decision. The Court's review of Board decisions is based on the record before the agency and arguments of the parties, which are presented in a written brief, with oral argument generally held only in cases presenting new legal issues.

The Court's principal office is in Washington, D.C., but the Court is authorized to sit anywhere in the United States and does so a limited number of times each year.

The Veteran’s Court is one of the only, if not the only, appellate Court in the Nation authorized to certify class action cases.

No. Congress created the Equal Access to Justice Act (“EAJA”). Think of the EAJA as a special rule that helps level the playing field when a Veteran has to fight the VA.

As a result of the EAJA, if we appeal your case to the Veterans Court and you win (meaning the Court sends your case back to the VA for correction or a new decision), the law allows us to ask the government (the VA) to pay our legal fees for that court work. This fee is not deducted from your backpay.

Yes, we partner exclusively with Binder & Watson Law Group to provide representation before the Veteran’s Court. This comes at no cost to you, and you have two experienced litigators in your corner.

Once an appeal is filed to the Veteran’s Court, the VA has 30 days to transmit a copy of the Board’s decision to the Court. The VA then must transmit the “Record Before the Agency” (RBA) to us within 60 days.

Think of the RBA as everything the Board had as evidence when it decided your appeal. This includes past VA decisions, exams, service record, statements, etc.

Once we receive the RBA, we review it to ensure the VA hasn’t left out any documents.

Next, the Clerk of Court will schedule a “Rule 33 Conference.”

Once we ensure the RBA is complete and no documents are missing, the Clerk of Court will schedule a Rule 33 Conference date.

Think of this as a mediation, where we meet with an attorney from the VA to try and “settle” your case, meaning your case would return to the Board to correct a specific, agreed upon, error.