Court of Appeals for Veterans Claims (CAVC)

A federal court, not another VA office

The U.S. Court of Appeals for Veterans Claims (CAVC) is an Article I federal court created by Congress. It is entirely independent of the Department of Veterans Affairs. That independence matters: for the first time in the appeals process, your case is reviewed by judges who do not work for the VA and whose only job is to decide whether the VA followed the law.

The CAVC has exclusive jurisdiction to review final decisions of the Board of Veterans' Appeals. You cannot take an ordinary rating decision straight to this court; you must first receive a Board decision. Once the Board denies your appeal, the CAVC becomes your next avenue of review. This page is general information, not legal advice.

The 120-day deadline to appeal

The single most important thing to know about the CAVC is the deadline. You must file a Notice of Appeal with the court within 120 days of the date the Board mailed its decision. This deadline is jurisdictional and strictly enforced. Miss it, and the court generally cannot hear your case at all, no matter how strong it is.

The 120-day clock runs from the mailing date printed on the Board decision, not the date you happened to open the envelope. If that date is near, treat it as an emergency and seek help right away.

Filing the Notice of Appeal

Starting a CAVC appeal is procedurally simpler than many veterans expect. You file a Notice of Appeal identifying the Board decision you are challenging. You do not have to write your legal arguments at this stage; the briefing comes later, after the VA's General Counsel files the record before the agency.

A modest filing fee applies, though the court can waive it for financial hardship. After the appeal is docketed, most cases move toward either a negotiated resolution with VA's counsel or full briefing before a judge. Many CAVC appeals are resolved by a joint motion for remand, in which both sides agree the Board made a legal error and the case should return to the Board for correction.

How CAVC review is different

The CAVC does not re-decide your claim from scratch, and this is the point veterans most often misunderstand. The court reviews the existing record for legal error. It does not take new evidence, hold trials with witnesses, or reweigh the facts as if it were the Board. Its questions are legal: Did the Board apply the correct law? Did it provide an adequate statement of reasons for its decision? Did it ensure the VA met its duty to assist?

Because the court cannot accept new evidence, a CAVC appeal is not the place to add a fresh medical opinion or new records. If your case truly needs new evidence, a Supplemental Claim at the VA level may be the better tool. The CAVC's role is to catch legal mistakes the Board made on the record it had.

Remands, EAJA fees, and winning

When the CAVC finds a legal error, it usually does not award benefits outright. Instead it remands the case, sending it back to the Board with instructions to fix the error, provide adequate reasons, or complete missing development. A remand is a win in the sense that it wipes out the flawed denial and gives you another opportunity to prevail, but it does mean more time in the system.

EAJA attorney fees

A key protection for veterans is the Equal Access to Justice Act (EAJA). If you prevail at the CAVC, including by obtaining a remand, the court can order the government to pay your attorney's reasonable fees. Because EAJA fees are paid by the government rather than out of your benefits, qualified veterans can often pursue a CAVC appeal without the fee coming from their own pocket. Eligibility rules apply, so ask about how EAJA would work in your specific case.

Beyond the CAVC: the Federal Circuit

The CAVC is not necessarily the end of the road. If the CAVC rules against you on a question of law, you may appeal to the U.S. Court of Appeals for the Federal Circuit, and in rare cases, ultimately to the Supreme Court of the United States. The Federal Circuit's review is narrow: it generally addresses questions about the interpretation of statutes and regulations, not the facts of your individual claim.

For most veterans, the practical path is: a Board denial, then a CAVC appeal within 120 days, then, if the CAVC finds error, a remand back to the Board. The Federal Circuit matters most when your case turns on how a veterans-law rule should be interpreted for everyone, not just for you. If you have received a Board denial, the clock is already running, and getting timely advice is critical.

Frequently Asked Questions