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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.

Taking Point! Blog

Oct
26
If you are an agent, VSO, or attorney, you have a tough decision under AMA when the BVA issues a denial of your client’s benefits. On one hand, you can file a supplemental claim. On the other, you can file an appeal to the US Court of Ap… Read More
Jun
3
I really can’t take it anymore. I’m sure many like you feel the same way. Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process… Read More
May
27
  While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school. “It was okay.  We had another active shooter drill.  When the drill started, I had to run behind and under my teacher… Read More
May
23
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.   There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.  Do I feel happy when my kids… Read More

Read the "Taking Point!" Blog

Recent Cases

This case involves the BVA judge’s inadequate reasoning of a denial of a veteran’s claim for an increased rating for PTSD.   The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA overlooked evidence… Read More
This case involves the BVA judge’s inadequate reasoning of his denial of a veteran’s past-due benefits in a claim for an increased rating due to an increase in the severity of the veteran’s PTSD. The appeal was resolved through a jo… Read More
This case involves the BVA’s failure to comply with a Veterans Court Order in a January 2020 Memorandum Decision. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA fails to comply with Veterans Court Ord… Read More

See More Appellate Results