Seal of the U.S. Court of Appeals for Veterans Claims

Overview

The U.S. Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The U.S. Court of Appeals for Veterans Claims was formerly named the United States Court for Veterans Appeals, but was changed by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368).^{[2] [3]} The U.S. Court of Appeals for Veterans Claims is referred to in case citations by the designation "Vet. App." Opinions for the U.S. Court of Appeals for Veterans claims and other information about the Court can be found at www.uscourts.cavc.gov. The U.S. Court of Appeals for Veterans Claims is located in Washington, D.C. but may sit anywhere in the United States. While the Board of Veterans' Appeals is a part of the United States Department of Veterans Affairs, the U.S. Court of Appeals for Veterans Claims is not a part of the VA. The U.S. Court of Appeals for Veterans Claims reviews final Board decisions, the record before the agency, and the briefs of the parties for each appeal.^[4]

Jurisdiction

The U.S. Court of Appeals for Veterans Claims has "exclusive jurisdiction to review decision of the Board of Veterans' Appeals . . . [with the] power to affirm, modify, or reverse a decision of the Board [of Veterans' Appeals] or to remand the matter, as appropriate." ^{[5] [6]}

History

The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988.^{[7] [8] [9]} Prior to the establishment of the U.S. Court of Appeals for Veterans Claims, from the U.S. Civil war to 1988, there was no judicial recourse for veterans who were denied benefits.^[10] The Department of Veterans Affairs, formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight.^[11] The Board of Veterans' Appeals, which is a part of the Department of Veterans Affairs, provided the final decision in a veterans claim for benefits.

The lack of judicial review persisted until the increase in veterans claims following the Vietnam War. The struggles of these veterans to obtain VA benefits highlighted the lack of independent oversight in the adjudication process. Veterans, advocacy groups, and veterans service organizations fought and urged Congress to provide judicial review of VA decisions. The House Committee on Veterans' Affairs initially resisted, noting that the Department of Veterans Affairs stood in "splendid isolation as the single federal administrative agency whose major functions were xplicitly insulated from judicial review."^[12]

After decades of debate,^[13] on November 18, 1988, Congress created the U.S. Court of Veterans Claims.^{[14] [15] [16]} The U.S. Court of Veterans Claims is one of the very few federal courts that have been created since the ratification of the United States Constitution. On March 1, 1999, the Court's name was changed from the United States Court of Appeals for Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368).^{[17] [18]}

Judges

The Judges to the U.S. Court of Appeals for Veterans Claims are appointed by the President of the United States and confirmed by the United States Senate.^[19] The Judges are appointed to serve fifteen year appointments. Retired Judges are routinely recalled to active service to assist the Court in issuing its decisions in a timely manner. The seven active judges are:

• William P. Greene, Jr., Chief Judge
• Bruce E. Kasold
• Lawrence B. Hagel
• William A. Moorman
• Alan G. Lance, Sr.
• Robert N. Davis
• Mary J. Schoelen

Former judges include:

• Frank Q. Nebeker
• Ronald M. Holdaway
• Kenneth B. Kramer
• John J. Farley, III
• Donald L. Ivers
• Jonathan R. Steinberg
• Hart T. Mankin (deceased)

References

External links

• http://www.uscourts.cavc.gov/
• http://www.cavcbar.net/index.html
• http://www.uscourts.cavc.gov/orders_and_opinions/Opinions.cfm
• http://www.va.gov/
• http://www.pva.org/
• http://www.vetsprobono.org/
• http://vlex.com/source/us-code-veterans-benefits-1037
• http://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act

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