United States Court of Appeals for Veterans Claims

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United States Court of Appeals for Veterans Claims
(Vet. App.)
Uscavc-gray2018.png
Location Washington, D.C.
Appeals to Federal Circuit
Appeals from
EstablishedNovember 18, 1988
Authority Article I tribunal
Created by 38 U.S.C.   §§ 7251–7299
Composition method Presidential nomination
with Senate advice and consent
Judges7 (2 add'l temporary seats)
Judge term length15 years
Chief Judge Michael P. Allen
www.uscourts.cavc.gov

The United States Court of Appeals for Veterans Claims (in case citations, Vet. App.) 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] [2]

Contents

Overview

The United States Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The court was previously known as the United States Court of Veterans Appeals, but was changed to the current name by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368). [3] 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 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 briefs of the parties on appeal. [4] Each judge on the Court serves a 15-year term.

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, on November 18, 1988, Congress created the United States Court of Veterans Appeals. [5] [6] 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). [3]

From 1990 to 2016, thirteen of the seventeen jurists who served on the CAVC had been veterans. [8] Of the nine current active judges, six are veterans. [2]

The Judges of the United States Court of Appeals for Veterans Claims - December 2019 1671 MR.jpg
The Judges of the United States Court of Appeals for Veterans Claims - December 2019

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." [9]

Judges

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. [4] 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.

Current composition

As of October 6,2024:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
18Chief Judge Michael P. Allen Washington, D.C. 19672017–present2024–present— Trump
15Judge Coral Wong Pietsch Washington, D.C. 19472012–present—— Obama
16Judge Margaret Bartley Washington, D.C. 19592012–present2019–2024— Obama
17Judge William S. Greenberg Washington, D.C. 19422012–present—— Obama
19Judge Amanda L. Meredith Washington, D.C. 19722017–present—— Trump
20Judge Joseph L. Toth Washington, D.C. 19732017–present—— Trump
21Judge Joseph L. Falvey Jr. Washington, D.C. 19592018–present—— Trump
22Judge Scott J. Laurer Washington, D.C. 19652020–present—— Trump
23Judge Grant C. Jaquith Washington, D.C. —2020–present—— Trump
3Senior Judge Ken Kramer Washington, D.C. 19421989–20042000–20042004–present G.H.W. Bush
5Senior Judge Ronald M. Holdaway Washington, D.C. 19341990–2002—2002–present G.H.W. Bush
8Senior Judge William P. Greene Jr. Washington, D.C. 19431997–20102005–20102010–present Clinton
9Senior Judge Lawrence B. Hagel Washington, D.C. 19472003–20162015–20162016–present G.W. Bush
10Senior Judge Bruce E. Kasold Washington, D.C. 19512003–20162010–20152016–present G.W. Bush
11Senior Judge William A. Moorman Washington, D.C. 19452004–2015—2015–present G.W. Bush
12Senior Judge Robert N. Davis Washington, D.C. 19532004–20192016–20192019–present G.W. Bush
13Senior Judge Alan Lance Washington, D.C. 19492004–2017—2017–present G.W. Bush
14Senior Judge Mary J. Schoelen Washington, D.C. 19682004–2019—2019–present G.W. Bush

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 Frank Q. Nebeker DC 1930–20241989–20001989–20002000–2021 G.H.W. Bush retirement
2 John J. Farley III NY 1942–present1989–2004—2004–2012 G.H.W. Bush retirement
4 Hart T. Mankin DE 1924–19961990–1995—1995–1996 G.H.W. Bush death
6 Jonathan R. Steinberg MD 1939–20151990–2005—— G.H.W. Bush expiration of term
7 Donald L. Ivers NM 1941–present1990–20052004–20052005–2017 G.H.W. Bush retirement

Succession of seats

References

  1. ↑ "USCAVC – United States Court of Appeals for Veterans Claims". Uscourts.cavc.gov. Retrieved October 3, 2012.
  2. 1 2 Jonathan M. Gaffney,  U.S. Court of Appeals for Veterans Claims: A Brief Introduction , Cong. Research Serv. (November 18, 2019).
  3. 1 2 Pub. L.   105–368 (text) (PDF), 112  Stat.   3315
  4. 1 2 "USCAVC – About the Court". Uscourts.cavc.gov. Archived from the original on October 18, 2012. Retrieved October 3, 2012.
  5. 1 2 Pub. L.   100–687, 102  Stat.   4105
  6. 1 2 United States. Congress. House ... (1988). "Veterans' Judicial Review Act". Open Library. OL   17835255M . Retrieved October 3, 2012.
  7. 1 2 3 "USCAVC – History". Uscourts.cavc.gov. Retrieved October 3, 2012.
  8. ↑ Hennings, Bradley; et al. (2016). "Now is the Time: Experts vs. the Uninitiated as Future Nominees to the U.S. Court of Appeals for Veterans Claims" (PDF). Fed. Circ. J.
  9. ↑ 38 U.S.C.   § 7252

Further reading

Ridgway, James D. (2015). Veterans Law: Cases and Theory. American Casebook Series. West Academic. ISBN   978-1628103489. OCLC   921166019.

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