Caring. Effective. Efficient.

Federal Circuit Court of Appeals

The U.S. Federal Circuit Court of Appeals is the first, and only, Article III court that most veterans will ever see in their benefits claims or appeals.

Even then, the vast majority of veterans who appeal an adverse decision of the Court of Appeals for Veterans Claims (CAVC) to the U.S. Federal Circuit Court of Appeals will lose.

The Federal Circuit has such narrow jurisdiction over CAVC judgments that a good bit of time and thought must go into preparation for an appeal to the Federal Circuit.

Federal Circuit Court of Appeals Require Unique Skill.

As appellate professionals, the attorneys at Attig | Curran | Steel work hard, before filing any appeals to the Federal Circuit, to ensure that your client’s appeal is one over which the court most commonly has jurisdiction:

  1. Erroneous "Rule of Law" interpretation
  2. Statutory or regulatory interpretation issues
  3. Legal questions regarding the jurisdiction of the Court of Appeals for Veterans Claims
  4. Jurisdiction over constitutional issues

We closely examine the record to ensure that we will not make an argument that is clearly outside the jurisdiction of the court:

  1. Disputes over the facts of the case
  2. Disputes regarding the Veterans Court's application of law to fact
  3. Factual or factual application disputes masquerading as statutory, regulatory or constitutional issues.

Once we are sure we can develop a strong argument in support of the court’s exercise of jurisdiction, we work through an extensive case analysis and briefing process to focuses the court’s attention on the flashpoint of controversy in the case and the relief we are asking the court to grant.

Even after we have established that the Federal Circuit might have jurisdiction over a particular appeal, Attig | Curran | Steel is deliberate and calculating in deciding whether to take a particular case to the Federal Circuit Court of Appeals: because the precedential decisions of the Federal Circuit Court are impactful, hasty decisions to appeal, or poorly briefed appeals, often lead to bad precedent.

If you believe that your CAVC Memorandum or Panel decision was incorrectly decided, and would like us to evaluate the decision for appeal to the United States Federal Circuit Court of Appeals, please fill out our consultation request form, tell us about your case, and Attig | Curran | Steel will reach out to you.

Recent Cases

This case involves the application of a duplicitous legal standard by the BVA to a veteran’s TDIU appeal, in what is called a “reasons and bases” error by the Board of Veterans Appeals. While it favored a VA C&P medical opinion… Read More
This case involves several issues but centered around two: the veteran’s entitlement to increased TBI (Traumatic-Brain-Injury) and migraine ratings.  ISSUE ON APPEAL TO THE CAVC (TBI & Migraine Ratings). The veteran in this case was in a c… Read More
ISSUE ON APPEAL TO THE CAVC: PTSD rating higher than 50-percent. The veteran appealed to the Board of Veterans Appeals (BVA) seeking a PTSD rating higher than 50-percent. The VA had performed a VA C&P examination and opinion in January 2019. Rely… Read More

See More Appellate Results

Taking Point! Blog

Oct
20
Racist Ideas, Attitudes, and Behavior On March 1, 2016, the Department of Veterans Affairs (VA) announced it proposed disciplinary action against three Board of Veterans’ Appeals (BVA) attorneys and two judges who had repeatedly sent racist… Read More
Sep
1
By: Yalitza Ledgister, writing for “The Bridge” One day my son came home from school and, pointing to his brown arms, asked, “Mom, why can’t I have white skin?”  After the initial shock and parent-fail slap wore off, I… Read More
Jul
24
Even as protestors march across bridges across the nation, from the Brooklyn Bridge to the Golden Gate, history teaches us that America is resistant to acknowledging the persistent racism that plagues this country and even worse, resistant to do… Read More
Jun
26
“I am a Black man who jogs” was written by Augustus Turner, Mr. Turner retains all copyright to the image and content; it is republished here with his permission. Augustus Turner is a husband, a father, a soldier, and an attorney.… Read More

Read the "Taking Point!" Blog