Veterans Affairs: The U.S. Court of Appeals for Veterans Claims—Judicial Review of VA Decision Making

Douglas Reid Weimer
Legislative Attorney

Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA's initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans' Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA. Legislation concerning the CAVC has been considered and enacted in the 111th Congress. The Consolidated Appropriations Act, 2010 (P.L. 111-117), provides for the 2010 CAVC operational funding. H.R. 4121, the Veterans Appeals Improvement and Modernization Act of 2009, and S. 3348—dealing with misfiled documents and related issues—have been introduced. If enacted, the bill(s) would modify certain aspects of the operational and appeal procedures of the CAVC. A brief overview of the CAVC's historical and legislative background may help to give context to its current operation.


Date of Report: June 25, 2010
Number of Pages: 10
Order Number: RS22561
Price: $29.95

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