Caring. Effective. Efficient.

» Court of Appeals for Veterans Claims

Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)

Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran… Read More
Read More

Your Complete Guide to the CAVC: the US Court of Appeals for Veterans Claims.

CAVC Court Background.  The United States Court of Appeals for Veterans Claims (CAVC) was created on November 18, 1988, by Public Law 100-687. The CAVC is not a part of the Department of Veterans Affairs — the CAVC is a federal court and part… Read More
Read More

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

Dec
2
Dear Veteran, We the People, the 79.8 million of us, voted that temporary economic stability should not come at the expense of Black, Hispanic, frontline workers, the immuno-compromised, and elderly lives. We demanded that the unity of our country m… Read More
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

Read the "Taking Point!" Blog