VA Disability Glossary – Key Terms Every Veteran Should Know

Court of Appeals for Veterans Claims (CAVC)

  • The United States Court of Appeals for Veterans Claims (CAVC) was established by Congress in 1988 and is located in Washington D.C. It is an independent federal court, separate from the VA, that reviews final decisions made by the Board of Veterans’ Appeals (BVA).

  • The CAVC reviews decisions made by the BVA to determine whether any legal or procedural errors occurred. Veterans, dependents, or survivors can appeal to the CAVC if they believe the Board made the wrong decision, didn’t consider important evidence, or didn’t follow the law correctly. The CAVC does not review new evidence – it focuses solely on whether the VA followed the law and applied it correctly.

    Possible Outcomes:

    (1) Joint-Motion for Remand/Partial Remand (“JMR”/ “JMPR”)

    • The parties agree Board committed legal error

    (2) Memorandum Decision (Mem Dec.)

    • Attorney for the Secretary defends Board did NOT commit legal error

    (3) RARE third option: The Court reverses the Board’s decision

  • Notice of Appeal: A Notice of Appeal (NOA) must be filed within 120 days of the initial Board decision. Our VA-Accredited Representatives here at Greene & Marusak can help you fill out and file your NOA.

    Notice of Docketing: Once the CAVC receives the NOA, it issues a Notice of Docketing. This document confirms that the appeal has been accepted and assigned a case number. It also outlines important deadlines and the next steps in the appeal process.

    Record Before the Agency: The complete file of all materials the VA and BVA considered in making their decision. This includes, medical records, service records, statements, and other evidence. The RBA is used to determine whether the Board made an error based on the available evidence.

    Designation of Record: A process where the parts of the RBA are chosen to argue the case. This must be submitted, along with your whole case file within 60 days of docketing. If you do not have a lawyer at this point in the process, we recommend having one to look over your DOR before submitting it. Once small mistake could end up in a loss.

  • Navigating an appeal to the CAVC can be complex, involving strict deadlines, legal arguments, and interpretation of veterans law. A VA-accredited attorney or representative:

    • Understands the court’s legal procedures and requirements

    • Can identify legal errors made by the Board

    • Increases the chances of a favorable outcome by presenting a strong, informed case

    Veterans are not required to have representation, but having an experienced advocate at this stage can make a significant difference in the success of the appeal.

    We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the CAVC and help you fight for the benefits you deserve.

    Give us a call at (844) 483-8737