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, and is thus referred to as an Article I tribunal (court). The court has exclusive national jurisdiction to provide independent, federal, judicial oversight and review of final decisions of the Board of Veterans' Appeals.[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 of Veterans Appeals, but was changed by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368).[2] 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.[3] Each judge on the Court serves a 15 year term.

Jurisdiction

The U.S. Court of Appeals for Veterans Claims has "exclusive jurisdiction to review decisions 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."[4]

History

The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988.[5][6] 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.[7] The United States Department of Veterans Affairs, formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight.[7] 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."[7]

After decades of debate,[8] on November 18, 1988, Congress created the United States Court of Veterans Appeals.[5][6] The U.S. Court of Appeals for 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 Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368).[2]

Judges

2013

Judges are appointed to the U.S. Court of Appeals for Veterans Claims by the President of the United States and confirmed by the United States Senate, in the same manner as Article III Judges.[3] They 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 active judges are:

JudgeBegan active
service		Ended active
service		Appointed by
Kasold, Bruce E.Bruce E. Kasold
2003-George W. Bush
Hagel, Lawrence B.Lawrence B. Hagel

Chief Judge

 2003-George W. Bush
Lance, Sr., Alan G.Alan G. Lance, Sr.2004-George W. Bush
Davis, Robert N.Robert N. Davis2004-George W. Bush
Schoelen, Mary J.Mary J. Schoelen2004-George W. Bush
Pietsch, Coral WongCoral Wong Pietsch2012-Barack Obama
Bartley, MargaretMargaret Bartley2012-Barack Obama
Greenberg, William S.William S. Greenberg2012-Barack Obama

Former judges include:

JudgeBegan active
service		Ended active
service		Appointed by
Nebeker, Frank Q.Frank Q. Nebeker19892000George H. W. Bush
Holdaway, Ronald M.Ronald M. Holdaway19902002George H. W. Bush
Kramer, Kenneth B.Kenneth B. Kramer19892004George H. W. Bush
Farley, III, John J.John J. Farley, III19892004George H. W. Bush
Ivers, Donald L.Donald L. Ivers19902005George H. W. Bush
Steinberg, Jonathan R.Jonathan R. Steinberg19902005George H. W. Bush
Mankin, Hart T.Hart T. Mankin19891995George H. W. Bush
Greene, Jr., William P.William P. Greene, Jr.19972010Bill Clinton
William A. Moorman 2004 2015 George W. Bush

References

  1. ↑ "USCAVC - United States Court of Appeals for Veterans Claims". Uscourts.cavc.gov. Retrieved 2012-10-03.
  2. 1 2 Pub.L. 105–368, 112 Stat. 3315
  3. 1 2 "USCAVC - About the Court". Uscourts.cavc.gov. Retrieved 2012-10-03.
  4. ↑ "38 USC 7252 - Sec. 7252. Jurisdiction; finality of decisions - US Code - Title 38: Veterans' Benefits - Subchapter I - Organization and Jurisdiction - Id 19233752". vLex. Retrieved 2012-10-03.
  5. 1 2 Pub.L. 100–687, 102 Stat. 4105
  6. 1 2 United States. Congress. House ... "Veterans' Judicial Review Act". Open Library. Retrieved 2012-10-03.
  7. 1 2 3 "USCAVC - History". Uscourts.cavc.gov. Retrieved 2012-10-03.
  8. ↑ "How long did Congress debate before Veterans Judicial Review Act of 1988 passed? | Answers Encyclopedia: Facts and answers verified with sources like Encyclopedia.com". Answers Encyclopedia. 2009-10-16. Retrieved 2012-10-03.

External links

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