United States Court of Appeals for Veterans Claims

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

The United States Court of Appeals for Veterans Claims is a federal court of record that was established under Article I of the United States Constitution. The court has exclusive national jurisdiction to provide independent, federal, judicial oversight and review of final decisions of the Board of Veterans' Appeals (Board).^[1]

Overview

The United States 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 Veterans Court is referred to in case citations by the designation "Vet. App." Opinions for the Veterans Court and other information about the Court can be found at www.uscourts.cavc.gov. The Veterans Court 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 Veterans Court is not a part of the VA, it is an independent federal court. The Veterans Court hears oral arguments and 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. Revolutionary War to 1988, there was no judicial recourse for veterans who were denied benefits.^[10] The United States 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 veteran's claim for benefits.

Veterans, advocacy groups, and veterans service organizations fought and urged Congress to provide judicial review of VA decisions since the 1950s. The lack of judicial review persisted, however, 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. 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 explicitly 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

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, the same as Article III Judges.^[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:

Judge	Began active service	Ended active service	Appointed by
Kasold, Bruce E.Bruce E. Kasold Chief Judge	2003	-	George W. Bush
Greene, Jr., William P.William P. Greene, Jr.	1997	-	Bill Clinton
Hagel, Lawrence B.Lawrence B. Hagel	2003	-	George W. Bush
Moorman, William A.William A. Moorman	2004	-	George W. Bush
Lance, Sr., Alan G.Alan G. Lance, Sr.	2003	-	George W. Bush
Davis, Robert N.Robert N. Davis	2004	-	George W. Bush
Schoelen, Mary J.Mary J. Schoelen	2004	-	George W. Bush

Former judges include:

Judge	Began active service	Ended active service	Appointed by
Nebeker, Frank Q.Frank Q. Nebeker	1989	2000	George H. W. Bush
Holdaway, Ronald M.Ronald M. Holdaway	1990	2002	George H. W. Bush
Kramer, Kenneth B.Kenneth B. Kramer	1989	2004	George H. W. Bush
Farley, III, John J.John J. Farley, III	1989	2004	George H. W. Bush
Ivers, Donald L.Donald L. Ivers	1990	2005	George H. W. Bush
Steinberg, Jonathan R.Jonathan R. Steinberg	1990	2005	George H. W. Bush
Mankin, Hart T.Hart T. Mankin	1989	1995	George H. W. Bush

References

1. ^ http://www.uscourts.cavc.gov/
2. ^ Pub.L. 105-368, 112 Stat. 3315
3. ^ http://www.encyclopedia.com/doc/1G2-3437704523.html
4. ^ http://www.uscourts.cavc.gov/about/
5. ^ http://vlex.com/vid/sec-jurisdiction-finality-decisions-19233752
6. ^ http://www.encyclopedia.com/doc/1G2-3437704523.html
7. ^ Pub.L. 100-687, 102 Stat. 4105
8. ^ http://www.encyclopedia.com/doc/1G2-3437704523.html
9. ^ http://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act
10. ^ http://www.uscourts.cavc.gov/about/History.cfm
11. ^ http://www.uscourts.cavc.gov/about/History.cfm
12. ^ http://www.uscourts.cavc.gov/about/History.cfm
13. ^ http://answers.encyclopedia.com/question/long-did-congress-debate-before-veterans-judicial-review-act-1988-passed-536786.html
14. ^ Pub.L. 100-687, 102 Stat. 4105
15. ^ http://www.encyclopedia.com/doc/1G2-3437704523.html
16. ^ http://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act
17. ^ Pub.L. 105-368, 112 Stat. 3315
18. ^ http://www.encyclopedia.com/doc/1G2-3437704523.html
19. ^ http://www.uscourts.cavc.gov/about/

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