Legal Definitions - Court of Appeals for Veterans Claims

The Court of Appeals for Veterans Claims is a specialized federal court in the United States. Its primary role is to review decisions made by the Board of Veterans' Appeals. If a veteran, or their survivor, believes the Board of Veterans' Appeals made a legal error in denying their claim for benefits, or in determining the level or effective date of benefits, they can appeal that decision to this court. The court ensures that the Board followed the law and proper procedures when making its decisions.

Here are some examples of when a case might come before the Court of Appeals for Veterans Claims:

• Example 1: Disputed Disability Rating

  A veteran applied for an increased disability rating for a service-connected knee injury, providing new medical evidence. The Board of Veterans' Appeals denied the increase, stating the new evidence did not meet the criteria for a higher rating. The veteran believes the Board misinterpreted the medical reports and applied an incorrect legal standard for evaluating the severity of their condition. The veteran can then appeal the Board's decision to the Court of Appeals for Veterans Claims, arguing that the Board made a legal error in its interpretation or application of the law.

• Example 2: Effective Date of Benefits

  A surviving spouse of a veteran was granted Dependency and Indemnity Compensation (DIC) benefits, but the Board of Veterans' Appeals set the "effective date" for these benefits much later than the spouse believes is legally warranted. This means the spouse would receive less back pay than they believe they are entitled to. The spouse's attorney identifies a specific legal precedent that they believe the Board failed to consider when determining the effective date. The spouse can appeal this specific aspect of the Board's decision to the Court of Appeals for Veterans Claims, seeking a review of the legal basis for the effective date.

• Example 3: Procedural Error in Claim Denial

  A veteran filed a claim for Post-Traumatic Stress Disorder (PTSD) benefits, providing lay statements and service records. The Board of Veterans' Appeals denied the claim, stating there was insufficient evidence to establish a service connection. The veteran's legal representative discovers that the Board failed to consider a crucial piece of evidence that was submitted on time, or that the Board did not provide adequate reasons for its decision as required by law. The veteran can appeal to the Court of Appeals for Veterans Claims, arguing that the Board committed a procedural error or failed to provide a legally adequate explanation for its denial, thereby violating the veteran's due process rights.