If VA denied your claim at the Board of Veterans’ Appeals (BVA), you may have the right to appeal to the U.S. Court of Appeals for Veterans Claims. This page explains deadlines, process, outcomes, and how we help.
At A Glance
- Who: Veterans or survivors with an unfavorable BVA decision.
- Deadline: Generally 120 days from the BVA decision’s mailing date to file a CAVC Notice of Appeal.
- What CAVC does: Reviews legal errors in the BVA decision. No new evidence or re-weighing of facts.
- Possible results: Remand (most common), affirm, or reverse/vacate in limited situations.
- Fees: We typically seek attorney’s fees from the government under EAJA when we prevail.
What Is The CAVC
The U.S. Court of Appeals for Veterans Claims is a federal court in Washington, D.C. that reviews final decisions of the Board of Veterans’ Appeals for legal error. The Court is independent from VA. It does not take testimony or new evidence and does not assign ratings—its job is to decide whether the BVA followed the law and provided adequate reasons and bases.
Who Is Eligible To Appeal
- You received a final BVA decision (not a Regional Office rating decision).
- You are within the 120-day window to file the Notice of Appeal (some equitable tolling scenarios exist, but do not delay).
- Your issues involve potential legal error (e.g., inadequate reasons and bases, failure to assist, misapplication of law).
Deadlines & Documents
120-Day Notice of Appeal
We handle the Notice of Appeal and filing fee/waiver. The clock typically starts on the BVA decision’s date of mailing.
Record Before The Agency (RBA)
VA serves the RBA (your claims file as used by the Board). We review it line-by-line for error preservation.
Briefing
We write the opening brief, respond to the Secretary’s brief, and (if needed) file a reply. Many cases settle via a joint motion to remand.
What The Court Reviews (Standards of Review)
- Legal questions: reviewed de novo (no deference to the Board).
- Findings of fact: set aside only if “clearly erroneous.”
- Reasons & Bases: the Board must provide an adequate statement enabling understanding and judicial review.
- Duty to Assist: failure to obtain records or provide necessary exams can require remand.
Likely Outcomes
- Remand (most common): The Court sends the case back to the Board to fix legal errors and re-decide.
- Affirm: The Board decision stands.
- Reverse/Vacate: In limited circumstances where the law requires a particular result.
Note: A remand is not the end—it is an opportunity to correct errors and, often, to win on return to the Board.
Attorney’s Fees & EAJA
We typically work on a structure where, if we prevail, we seek fees from the government under the Equal Access to Justice Act (EAJA). This generally means you do not pay our Court-stage fees out of pocket. We provide a written fee agreement explaining details before any work begins.
How We Help
- Calculate and preserve deadlines.
- Perform a merits screening of your BVA decision and RBA for appealable error.
- Draft and file the Notice of Appeal and all Court briefs.
- Negotiate Joint Motions for Remand (JMRs) when appropriate.
- Coordinate the remand path back at the Board after a win.
Frequently Asked Questions
Can I submit new evidence to the CAVC?
No. The Court reviews the record that was before the Board. New evidence belongs in Agency proceedings, typically after a remand.
What if I missed the 120-day deadline?
There are narrow equitable tolling scenarios. Contact us immediately—deadlines are strict.
How long does a CAVC case take?
Timelines vary. Many cases resolve by JMR in several months; fully briefed cases can take longer depending on the Court’s calendar.
Do you handle only CAVC cases?
Our practice focuses on appeals at the Court. We’re happy to coordinate with your VSO/representative for remand strategy.
To learn more about the U.S. Court of Appeals for Veterans Claims
Disclaimer: This page is general information, not legal advice. Prior results do not guarantee a similar outcome.