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1 1 (November 18, 2019)

handle is hein.crs/govbbsu0001 and id is 1 raw text is: -' .r~ ......... November 18, 2019 U.S. Court of Appeals for Veterans Claims: A Brief Introduction The U.S. Court of Appeals for Veterans Claims (CAVC) provides the exclusive forum for veterans and other claimants, such as veterans' surviving spouses, to appeal U.S. Department of Veterans Affairs (VA) decisions denying various veterans' benefits. This In Focus describes the CAVC's creation, jurisdiction, authority, and procedures before identifying several issues that may interest the 116th Congress. Creation, Using its authority under Article I of the U.S. Constitution, Congress established the CAVC, then called the U.S. Court of Veterans Appeals, in 1988 through the Veterans' Judicial Review Act (Pub. L. No. 100-687). (For more information on Article I courts, see CRS Report R43746, Congressional Power to Create Federal Courts: A Legal Overview, by Andrew Nolan and Richard M. Thompson II.) The Veterans Programs Enhancement Act of 1998 (Pub. L. No. 105-368) gave the CAVC its current name. The statutes governing the CAVC are in chapter 72 of title 38 of the U.S. Code. Jurisdiction-, and Autlhority The CAVC has exclusive jurisdiction to hear appeals of decisions from the Board of Veterans' Appeals (BVA), VA's top-level administrative tribunal. These decisions concern entitlement to various types of VA benefits, including disability compensation, pensions, education benefits, and survivor benefits. The CAVC also has the authority under the All Writs Act, 28 U.S.C. § 1651, to issue writs-special types of court orders-in aid of its jurisdiction. Under this authority, the CAVC can compel VA to take any action (such as issuing a decision or providing a medical examination) unlawfully withheld or unreasonably delayed, if that action relates to a claim that could ultimately be appealed to the CAVC. In addition, the CAVC can award attorney fees under the Equal Access to Justice Act (EAJA) (Pub. L. No. 96-48 1) for successfully challenging BVA decisions. In Monk v. Shulkin, 855 F.3d 1312 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that the CAVC has authority to hear class action cases because of authority granted by the All Writs Act and the CAVC's ability to establish its own rules and procedures. Since Monk, the CAVC has certified several classes in cases arising out of petitions for writs of mandamus. It is also considering motions to certify classes in cases arising out of appeals of BVA decisions. J'udges The CAVC consists of nine judges, including a chief judge who serves on a rotating basis. Seven judgeships are permanently authorized; two additional seats are authorized under a temporary expansion that will expire in 2021. Judges are nominated by the President and confirmed by the Senate for a fixed term of fifteen years, though judges may be reappointed. Of the nine current active judges, five are veterans. Before the expiration of his or her term, a judge can be removed by the President only for misconduct, neglect of duty, engaging in the practice of law, or residing more than fifty miles outside the Washington, DC, area. Besides the nine active judges, the CAVC uses retired judges in recall status to hear cases. The chief judge may recall a retired judge for service when necessary to meet the CAVC's needs. There are now eight recall-eligible retired judges; two are serving in recall status. Comurt Proceedings Proceedings before the CAVC are adversarial. Appellants and petitioners may represent themselves or be represented. Both attorneys and nonattorneys who meet certain requirements may be admitted to practice before the CAVC. The appellee or respondent in all cases is the Secretary of Veterans Affairs, who is represented by attorneys from the VA Office of General Counsel. The CAVC generally sits in Washington, DC, but has authority to sit anywhere in the United States. Several times per year, the CAVC holds oral arguments at law schools and federal courthouses throughout the country. A ppealsk Only individuals adversely affected by a BVA decision may file an appeal to the CAVC-the government may not do so. The CAVC reviews the BVA's legal conclusions de novo (without deference to the BVA's determinations) but reviews the BVA's findings of fact for clear error. According to the CAVC's annual report for FY2018, more than two-thirds of appeals are resolved through a mediation process run by the CAVC's central legal staff without being assigned to a judge. In such cases, the parties agree to end the appeal or remand the case to VA for more proceedings. If an appeal is assigned to a judge, the judge may decide the case on the briefs or refer the case to a panel of three active judges for a precedential decision, with or without oral argument. Once a single-judge or panel decision is written, it is circulated to all other active judges for review. At this point, a single-judge decision may be sent to a three-judge panel if two judges vote to do so, or a single-judge or panel decision may be reheard en banc (i.e., by all active judges) if a majority of judges vote to do so. After the CAVC issues M10 y\\\ \ N\\\ oN, ILI

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