Court of Appeals for Veterans Claims (CAVC) Appeals
Court of Appeals for Veterans Claims (CAVC) Appeals in Beaverton, OR
For 12 years, Tracy Alsup sat at the government's table in the Court of Appeals for Veterans Claims. As an attorney in the VA General Counsel's Office, she represented the Secretary, argued several cases before the Court, and handled several hundred cases on appeal. Today she and Jim Alsup represent veterans at that same Court from Alsup Law in Beaverton, Oregon.
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Where the Court Fits in Your Appeal
The CAVC is the next stop after the Board of Veterans' Appeals. When the Board denies all or part of a claim, its decision comes with instructions for taking the case to the Court. If your appeal is still waiting on a Board decision, our page on Board of Veterans' Appeals representation covers that stage.
The Court is a different setting from anything that came before it. Veterans law has grown into a specialized field. Practicing it means knowing the statutes and regulations, and also the body of case law that has built up since the Court was created. Arguments that worked at the regional office or the Board may need to be reframed entirely.
Filing the Notice of Appeal
An appeal to the Court begins with a written Notice of Appeal. It must include:
- Your current name, address, phone number, and email address
- The VA file number for the case
- The date of the Board decision
The notice must be filed within 120 days of the date on the Board decision. That date is the day the decision was mailed, not the day it arrived in your mailbox, so we count from the printed date. A $50 non-refundable filing fee is due when the notice is filed, unless paying it would cause the veteran financial hardship.
Knowing How the VA Defends a Decision
Every appeal at the Court has two sides, and the VA's side is argued by attorneys from its General Counsel's Office. Tracy was one of them. She knows which Board decisions the agency is comfortable defending, and where a Board's reasoning is likely to be weak.
Jim brings a different angle. He was a Board of Veterans Appeals attorney who drafted several hundred decisions on veterans' claims. He also spent years in federal courtrooms as an Assistant U.S. Attorney and a Department of Justice Senior Trial Attorney. One of our attorneys wrote Board decisions, and the other defended them in court. Both have been admitted to the United States Court of Appeals for Veterans Claims.
What the Court Can Do With Your Case
The Court can send a case back to the VA when the agency got something wrong. In an April 2015 case, Gray v. McDonald, the Court found the VA's interpretation of what counted as the "inland waterways" of Vietnam "inconsistent with the regulation." It remanded the case and told the VA to reassess its reasoning. That kind of ruling checks how the agency reads its own rules, and it can reopen a claim that seemed finished.
When a case comes back on remand, the claim returns to the VA with direction from the Court. If it lands at the regional office for new decisions, our page on VA disability claims and appeals explains the options at that level.
Federal Appellate Representation Beyond the CAVC
The Court is not always the last word. Its decisions can be appealed to the U.S. Court of Appeals for the Federal Circuit, and ultimately to the U.S. Supreme Court. Whether a further appeal is worth pursuing depends on the legal question involved. We will tell you plainly when it is and when it is not.
Court Appeals From Our Beaverton Office
Alsup Law is a Beaverton veterans law firm working with clients in Tigard, King City, Hillsboro, and across the country. Court appeals are handled on the written record and through filings with the Court, and your location does not change that. We Serve Veterans Nationwide. We do not get paid until we win your case.
CAVC Appeal Questions
How long do I have to appeal a Board decision to the CAVC?
120 days from the date on the Board decision. That date is when the decision was mailed, so the window may be shorter than it feels if the letter took time to reach you.
What does it cost to file at the Court?
The Court charges a non-refundable $50 filing fee at the time of filing, unless the fee would cause the veteran financial hardship. Alsup Law charges no up-front, out-of-pocket costs for representation.
What information goes in the Notice of Appeal?
Your current name, address, phone number, and email address, the VA file number for your case, and the date of the Board decision you are appealing.
Can the Court send my case back to the VA?
Yes. In Gray v. McDonald in 2015, the Court found the VA's reading of a regulation inconsistent with the regulation itself. It remanded the case for the VA to reassess.
Is there anywhere to go after the CAVC?
Yes. A CAVC decision can be appealed to the U.S. Court of Appeals for the Federal Circuit, and from there to the U.S. Supreme Court.