Court Denies VA’s Request to Stay Pending Cases

CAVC
Written By Wesley McCauley

I told you this Halloween was getting pretty spooky. I also talked about how VA’s Office of General Counsel was running out of money, and that we were told to expect stays in many cases. As always, the VA keeps it slicker than a fox. Thankfully, the Court isn’t buying any of it. At least, for now.

The Motion

On October 20, 2025, the Secretary, acting through his Office of General Counsel filed an ex parte Motion with the Court, seeking to “stay of proceedings in all cases before the Court in which a Department of Veterans Affairs (Department or VA) filing deadline is pending, or where VA is permitted to file a pleading, beginning on Wednesday, October 29, 2025, through such time as the requisite funding for the Office of General Counsel (OGC) is appropriated, and excepting from this motion only those cases in which the Court has specifically ordered proceedings to continue despite a lapse in funding. The Secretary also respectfully moves this Court to suspend Rules 5(d), 25, 27(a)(5), 35(d), 36, and 41(b)(3).”

For those that don’t know, an ex parte Motion is filed without the other party being present. In other words, it is done without the effected side’s ability to respond, or say why what the person filing the Motion should not get the relief they are seeking.

Copy of Ex Parte Motion

The Court’s Response

The Court, apparently sitting en bacn (meaning all active Judges of the Court agreed in this decision) denied the Secretary’s Motion in whole.

“The Court has determined that its judicial review of veterans benefits cases is an excepted function that continues notwithstanding a lapse in appropriations. It is noteworthy that VA has determined that appellate review of veterans benefits cases is an excepted function and directed the Board of Veterans' Appeals to continue to make decisions on veterans' cases during the lapse in appropriations. Pausing VA's deadlines in nearly every case before the Court is a significant and extreme request, and the Secretary has failed to demonstrate that such sweeping relief is appropriate at this time. Therefore, the Court will deny the Secretary's motion, and all cases will continue to be processed in accordance with the Court's Rules of Practice and Procedure, including all requirements and filing deadlines,” (emphasis added).

Copy of Court’s Order

Not much else to say about that. A Motion filed in the dead of night with no opportunity for Veterans to respond and object. Motion denied.

Spooky Halloween season.

Godspeed.

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About the Author
Wesley McCauley

While working as the Operations Lieutenant for his local fire department during college, Wesley found his love for veteran’s law. Wesley was born and raised in rural south Georgia, where he continues to enjoy living. While attending Valdosta State University, a community also home to Moody Air Force Base, Wesley saw the lack of quality representation available to Veterans and their families—even in a military community. This led him to become a VA accredited representative, seeking to serve Veterans and their families. Following his time in the Fire Department, he founded United Veteran’s Disability in September of 2021.

Wesley has represented some of our nation’s finest, including a World War II POW, combat Veterans, Camp Lejeune Veterans, submariners, Vietnam widows, Coastguardsmen, Infantrymen, FBI agents, and even VA employees. Wesley says each have a common thread “love of country.” He has successfully recovered millions in benefits for veterans and their families. His largest single recovery totals over $525,000 in backpay. Wesley has represented Veterans and their families at the Regional Office level, the Board of Veterans’ Appeals, and the Court of Appeals for Veterans Claims. He has handled both medically and legally complex claims. Wesley believes in the importance of maximizing benefits for veterans, and his clients are regularly awarded SMC to help compensate veterans above the 100% rate.

While Wesley represents a wide range of Veterans and survivors, a large part of his practice includes veterans exposed to toxic burn pits. “What we saw with Vietnam veterans and Agent Orange is playing itself over again, but with burn pit Veterans. As we continue to learn more about the diseases associated with burn pit exposure, it is important to hold the VA accountable and push for many more diseases to be presumptive, just as the Vietnam Veterans had to fight decades for.”

Wesley is a sustaining member of the National Organization for Veterans’ Advocates, a member of the CAVC Bar Association, Military-Veterans Advocacy, and is a lifetime member of the National Eagle Scout Association.

Outside of his practice, Wesley enjoys traveling with his wife, especially visiting our U.S. National Parks. Together, they plan to visit all 63 U.S. National Parks. They also enjoy exercising together, as well as nature photography.

https://unitedforvets.us
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