After the Board of Veterans Appeals denies your claim, the next major option is the Court of Appeals for Veterans Claims (CAVC). This federal court reviews appeals from veterans who have exhausted their administrative remedies.
What the CAVC Does
The CAVC does not hold new hearings or consider new evidence. Instead, it reviews the record from the Board of Veterans' Appeals to determine if the Board made legal errors or relied on insufficient evidence.
The 120-Day Deadline
You have only 120 days from the Board's decision to file an appeal with the CAVC. Missing this deadline means losing your opportunity to challenge the denial in court.
Joint Motions for Remand
Often, the VA's General Counsel will agree that the Board made an error and file a Joint Motion for Remand. If approved, the case returns to the Board for further review without a full court battle.
Why Legal Representation Matters
At this stage, hiring an attorney who specializes in VA appeals is highly recommended. Attorneys can help identify errors, navigate procedural rules, and argue before the court. Pro bono help is available through veterans' legal clinics.
What Happens After CAVC?
If the CAVC rules against you, the next step is an appeal to the U.S. Court of Appeals for the Federal Circuit, and potentially the Supreme Court. However, most veterans' appeals conclude at the CAVC or through a remand.