CAVC
The Court of Appeals for Veterans Claims reviews Board of Veterans’ Appeals decisions for legal, evidentiary, and procedural error. These are issues that often support an appeal.
Board mistakes
The U.S. Court of Appeals for Veterans Claims reviews appeals from Board of Veterans’ Appeals decisions on veterans’ benefits. The Court does not re-try the claim from scratch. It asks whether the Board applied the law, considered the evidence, and explained the result.
Error types
Misinterpretation or misapplication of statutes, regulations, or legal precedents that control veterans’ benefits cases.
Read moreThe Board may fail to consider medical records, service records, or witness testimony that is already in the file.
The Board must explain its decisions clearly. A thin or missing explanation is a common ground for court review.
VA has a duty to assist, including gathering needed medical opinions and records. Skipping that development can taint the decision.
Findings about the veteran’s credibility, or a witness’s, can be challenged when they lack justification or ignore relevant factors.
The Court may reverse or remand when the Board applies the wrong legal standard to the facts of the case.
Missing notice, a denied chance to submit evidence, or other process failures can support an appeal to the Court.
Actions that deny a fair hearing or the opportunity to be heard can be grounds for CAVC review.
Tell us about your VA claim or appeal. We represent veterans nationwide from our Atlanta office.
