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Overview:
CAVC is an independent judicial body that reviews decisions regarding entitlement to benefits made by the Board of Veterans’ Appeals (BVA), an agency of the Department of Veteran’s Affairs (VA). Because it is not a part of the VA, CAVC provides an impartial forum where veterans can differ with BVA results in a court specifically empowered to affirm, vacate, reverse, or remand its rulings. Over the last several years, however, the backlog in the Court of Appeals for Veterans Claims has grown so dramatically that it sometimes takes a veteran’s case years to be heard by the CAVC, creating financial hardships for many. A good number of veterans actually die before there is a resolution to their claims.
 
more
History:
 
Since the Civil War, there had been frustration among veterans that once they were denied benefits by the Department of Veterans Affairs, formerly called the Veterans Administration, they had no recourse to challenge those decisions in an independent court. After the Vietnam War, when there was an influx of post-Vietnam veteran claims, protests regarding the lack of recourse grew louder than ever before, and after decades of debate about the issue, the United States Court of Veterans Appeals was created by the Veterans’ Administration Adjudication Procedure and Judicial Review Act of 1988. The Court, based in Washington D.C., became only the 6th court in U.S. history to be established without geographical limits. It was given exclusive jurisdiction over the decisions of the BVA, allowing people seeking veterans' benefits turned down by the BVA to, on their own, or after hiring a lawyer, appeal their case to the new court’s judges, who are appointed by the President, and confirmed by the Senate, to serve thirteen or fifteen year terms. If the claimants disagree with the findings, they may appeal to the limited review of the U.S. Court of Appeals for the Federal Circuit, and lastly the U.S. Supreme Court.
 
The U.S. Court of Veterans Appeals heard its first case in February 1990. Two years later Congress created a Veterans Consortium Pro Bono Program, made up of the American Legion, the Disabled American Veterans, the National Veterans Legal Services Program, and the Paralyzed Veterans of America. The program is funded by a Congressional appropriation, and a grant administered by the Legal Services Corporation, and provides the opportunity for veterans filing appeals who cannot afford legal representation to receive it pro bono. 
 

Effective March 1, 1999, the Veterans’ Program Enhancement Act of 1998 re-named the United States Court of Veteran Appeals the United States Court of Appeals for Veterans Claims. Then in July 1999, after CAVC issued a decision on a case that held that the VA did not have a duty to assist veterans in developing their claims unless those claims were “well-grounded,” Congress passed, and President Bill Clinton signed into law, the

Veteran’s Claims Assistance Act of 2000

, which eliminated the “well-grounded” language, and stated that the VA was required to provide assistance in developing claims unless there was no reasonable possibility that VA aid would help the veteran’s claim.

more
What it Does:
 
The judges on the U.S. Court of Appeal for Veterans Claims are vested with the authority to decide all relevant questions of law regarding a veteran’s right to receive benefits in cases that have been heard, and ruled on, by the BVA. The CAVC judges are also authorized to interpret constitutional, statutory, and regulatory provisions of cases the BVA has ruled on; determine the meaning or applicability of the terms of an action by the BVA; and compel the VA to adhere to whatever the CAVC ultimately rules.
 
To make a claim concerning issues of entitlement to disability or survivor benefits, education benefits, or reimbursement for medical payments that weren’t authorized, a veteran must file a written Notice of Appeal with the clerk of the Court no later than 120 days after receiving a decision by the BVA, and a brief, in English, stating the issues, argument, and relief sought, accompanied by a non-refundable $50 filing fee. Each case is then assigned to a screening judge who determines if it should be reviewed by a single judge or a panel of judges. Once this is decided, the judge or the panel of judges, without holding a new trial or receiving new evidence, reviews the case as it was considered by the BVA. A single judge can, after going through the information, request a panel to join him in the review at that point, or, on his own, affirm, reverse, remand, or dismiss a case by issuing an order or memorandum decision.
 
From the Website of CAVC

Veterans Consortium Pro Bono Program

more
Controversies:
 

Snail's Pace Processing

According to a study by Harvard professor Linda J. Bilmes, it took the Veterans Administration up to 177 days to process an initial claim and average of 657 days to process an appeal. Because many of the disabled veterans are elderly, many die before their cases are resolved.

Testimony by Brian Lawrence before the House Committee on Veterans’ Affairs

more

Comments

David Davis 2 years ago
if congress would get off of their duffs and do something about the problems instead of make recommendations then perhaps the hamster wheel would be stopped or minimized the courts would not be overloaded. it looks more like congressional fraud and it is typical of oversight committees to have coffee and donuts and sit around and make recommendations that go nowhere. this department is one that is allowed to be run like a tyrannical government. our leaders say they can't do anything...
M. Kaemke 2 years ago
my father was recruited and served in the us army in berlin germany. he was a german citizen at the time and became a us citizen when he was recruited. my father served in the 287th mp co. from 1954-1958. as far as i know my father has not recieved any benefits from the veterans administration, and was told his records were destroyed in a fire in st. louis so even proving his service has become impossible. if anyone has any contact info or knows of any way to resolve any of this you...
Glenn F. Miller 2 years ago
my case reference docket no. 08 36 855 hearing was nov 2 2011 it took 41/2 years to get the hearing board the(washington dc) traveling board of veterans' appeals held at the va office in philadephia-- another 51/2 months still no decision i've forwarded this file file to the supreme court of the us there is something extremely wrong with the system---if any one can help i cam send the brief and the supporting documentation! the case stems from denial of hearing loss iwas a gunn...
David Davis 2 years ago
i was tied between two poles. my fellow military members wrapped a number of turns of wire around my wrists and my ankles. they connected these wires to a radio telephone generator and cranked for what seemed like an hour. i screamed and cried out for them to stop. they didn't. finally when they did, they drug me over to a 4 foot post. then they tied my feet and ankles so that they were above my waist, they shoved me to the ground. this put me in a hyperextended position and hurt li...
Howard Bradford 3 years ago
the feres doctrine covers up human experiments! in 2011 shouldn’t u.s. service personnel have the same u.s. constitutional rights that rapists and murderers keep? 2002 u.s. senate hearing on the feres doctrine. [8] the 2002 hearing’s 127 pages of 19 testimonials and submissions for the record did not address the previously documented: 1. fact that convicted rapists and murderers receive u.s. constitutional experimentation protection that u.s. service personnel do not!! [4] 2. g...
Royal Edward Glaude 3 years ago
GREETINGS: In the Great State of California, the merger between the State Bar and The Judicial Branch of Government has created a state seizure of United States Armed Forces Veterans' Benefits' under color of law. The United States Armed Forces Veterans has clear Intelligence Survellance Information that's well documented exposing this 25 years of hate crimes against our United States Armed Forces & it's Veterans' and their Benefits". Much like the old days of europe, when the ger...
Lois 4 years ago
During past two years have been helping older Vetarans with filing a VA claims. On many occassions, veterans are being denied by VA for incorrect claimed conditions and must appeal to correct the error. I wish there was a way that I could get Secretary Shinseki to secretly take a look at the claim file of one of the veterans that I am currently assisting. I truly believe that he would be shocked!! The claims processing woud improve overnight If he (not a representative) wou...
Randell E. Brown 4 years ago
Not long ago the Court rendered a precedent decision that stated, "VA may not ignore or reject an issue merely because the veteran did not expressly raise the appropriate legal provision for the benefit sought.” This priciple was the basis of my argument for an earlier effective date for a secondary condition. Needless to say , I was stunned when i received notice that the Court rejected my claim. In reading the Court's decision, it's obvious that no one reviewed the facts and ci...
Donald R. Morgan 5 years ago
It was not long ago that the Court puffed about how most of the pro se veterans were not successful before its chambers. When a BVA Judge asserts that a veteran is entitled to total compensation for a claim filed the adjudicators for the VA ignore what the Judge asserts. One would what wisdom!

Leave a comment

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Founded: 1988
Annual Budget: $25 million
Employees: 100
United States Court of Appeals for Veterans Claims (CAVC)
Kasold, Bruce
Chief Judge

 

Bruce E. Kasold was named Chief Judge of the U.S. Court of Appeals for Veterans Claims on August 6, 2010. He had been a Judge of the Court since his appointment by President George W. Bush in December 2003.
 
Kasold was born on April 26, 1951, in New York City. His father, Edward, was a city employee who became a U.S. Army lieutenant colonel, and his mother, Louise, was a nurse’s assistant. He attended St. John the Evangelist School before graduating from Bishop McGann-Mercy Diocesan High School in New York in 1969, and earning a degree from the U.S. Military Academy at West Point in 1973. Between 1973 and 1976, Kasold served as a platoon leader and training officer in the U.S. Army Air Defense Artillery, stationed in Texas, Maryland, and Colorado.
 
Inspired by TV law shows like “Perry Mason,” Kasold attended the University of Florida Law School, where he was a member of the Law Review and earned his J.D. in 1979. Between semesters, he worked at the Fort Rucker, Alabama, Army post as an assistant defense counsel in 1977, and as an assistant prosecutor in 1978.
 
The following year, Kasold joined the Judge Advocate General’s Corps, handling civil litigation cases until 1994. During that period, he earned an LL.M. from Georgetown University Law Center in 1982, and an LL.M. equivalent from the Judge Advocate General’s Legal Center and School in 1984.
 
Kasold lived in Augsburg, Germany, from 1984 to 1987, serving as legal counsel to the VII Corps Artillery Commanding General. Among his various responsibilities was counsel or co-counsel in about 50 courts-martial cases. In 1987 he joined the Army’s Office of General Counsel at the Pentagon as an assistant general counsel. He was subsequently recruited for a fellowship on Capitol Hill, splitting his time between the offices of then-Senator Joe Biden (D-Delaware) and Senator John Warner (R-Virginia).
 
In January 1994, Kasold joined the Washington, D.C. law firm of Holland & Knight as a commercial and government contracts litigation attorney. From November 1995 to December 1998, he worked as chief counsel for the Senate Committee on Rules and Administration and co-drafted the initial Senate resolution for the impeachment proceedings against President Bill Clinton.
 
From 1998 to 2003 Kasold served as chief counsel to the U.S. Senate’s secretary and its sergeant at arms. From 2000 until 2004, he served as president of the Capitol Hill Chapter of the Federal Bar Association. Beginning in 1989, he also served on the board of the Pentagon Federal Credit Union, providing voluntary financial services to military and civilian personnel and their families.
 
Kasold and his wife Patricia have a son, Adam.
                       
Judicial Profile (by Jimmy Chatsuthiphan, Federal Lawyer) (pdf)
 
more
Greene, William, Jr.
Previous Chief Judge
William P. Greene earned a B.A. in Political Science at West Virginia State College in 1965, and a J.D. from Howard University School of Law in 1968. Then he was appointed a commissioned officer in the U.S. Army Judge Advocate General’s Corps. During his service as a Judge Advocate, he completed his military education at the Judge Advocate General’s School in Charlottesville, Virginia; the Army Command and General Staff College, Fort Leavenworth, Kansas; and the U.S. Army War College, Carlisle, Pennsylvania. Greene held several positions in the Army, including Chief Prosecutor at Fort Knox, Kentucky; Chief Defense Council in the Army Command, in Hawaii; and Chief Recruiter for Lawyers. After that, in 1981, the Judge Advocate General of the Army selected him as the Department Chair of the Criminal law Division at the Judge Advocate General’s School. In addition, he served in Germany as the Deputy Staff Judge Advocate of the Second Infantry Division. Then in 1986 he was selected as the Staff Judge Advocate of the U. S. Military Academy at West Point, in New York, and after that he served as Staff Judge Advocate at Fort Leavenworth, Texas. Greene retired from the Army to accept an appointment as a U.S. Immigration Judge. While he was in that job, on May 16, 1997, President Bill Clinton appointed him to become a CAVC judge. Greene assumed the responsibilities of Chief Judge of the Court of Appeals for Veterans Claims on August 8, 2005.

 

Official Bio

 
more
Bookmark and Share
Overview:
CAVC is an independent judicial body that reviews decisions regarding entitlement to benefits made by the Board of Veterans’ Appeals (BVA), an agency of the Department of Veteran’s Affairs (VA). Because it is not a part of the VA, CAVC provides an impartial forum where veterans can differ with BVA results in a court specifically empowered to affirm, vacate, reverse, or remand its rulings. Over the last several years, however, the backlog in the Court of Appeals for Veterans Claims has grown so dramatically that it sometimes takes a veteran’s case years to be heard by the CAVC, creating financial hardships for many. A good number of veterans actually die before there is a resolution to their claims.
 
more
History:
 
Since the Civil War, there had been frustration among veterans that once they were denied benefits by the Department of Veterans Affairs, formerly called the Veterans Administration, they had no recourse to challenge those decisions in an independent court. After the Vietnam War, when there was an influx of post-Vietnam veteran claims, protests regarding the lack of recourse grew louder than ever before, and after decades of debate about the issue, the United States Court of Veterans Appeals was created by the Veterans’ Administration Adjudication Procedure and Judicial Review Act of 1988. The Court, based in Washington D.C., became only the 6th court in U.S. history to be established without geographical limits. It was given exclusive jurisdiction over the decisions of the BVA, allowing people seeking veterans' benefits turned down by the BVA to, on their own, or after hiring a lawyer, appeal their case to the new court’s judges, who are appointed by the President, and confirmed by the Senate, to serve thirteen or fifteen year terms. If the claimants disagree with the findings, they may appeal to the limited review of the U.S. Court of Appeals for the Federal Circuit, and lastly the U.S. Supreme Court.
 
The U.S. Court of Veterans Appeals heard its first case in February 1990. Two years later Congress created a Veterans Consortium Pro Bono Program, made up of the American Legion, the Disabled American Veterans, the National Veterans Legal Services Program, and the Paralyzed Veterans of America. The program is funded by a Congressional appropriation, and a grant administered by the Legal Services Corporation, and provides the opportunity for veterans filing appeals who cannot afford legal representation to receive it pro bono. 
 

Effective March 1, 1999, the Veterans’ Program Enhancement Act of 1998 re-named the United States Court of Veteran Appeals the United States Court of Appeals for Veterans Claims. Then in July 1999, after CAVC issued a decision on a case that held that the VA did not have a duty to assist veterans in developing their claims unless those claims were “well-grounded,” Congress passed, and President Bill Clinton signed into law, the

Veteran’s Claims Assistance Act of 2000

, which eliminated the “well-grounded” language, and stated that the VA was required to provide assistance in developing claims unless there was no reasonable possibility that VA aid would help the veteran’s claim.

more
What it Does:
 
The judges on the U.S. Court of Appeal for Veterans Claims are vested with the authority to decide all relevant questions of law regarding a veteran’s right to receive benefits in cases that have been heard, and ruled on, by the BVA. The CAVC judges are also authorized to interpret constitutional, statutory, and regulatory provisions of cases the BVA has ruled on; determine the meaning or applicability of the terms of an action by the BVA; and compel the VA to adhere to whatever the CAVC ultimately rules.
 
To make a claim concerning issues of entitlement to disability or survivor benefits, education benefits, or reimbursement for medical payments that weren’t authorized, a veteran must file a written Notice of Appeal with the clerk of the Court no later than 120 days after receiving a decision by the BVA, and a brief, in English, stating the issues, argument, and relief sought, accompanied by a non-refundable $50 filing fee. Each case is then assigned to a screening judge who determines if it should be reviewed by a single judge or a panel of judges. Once this is decided, the judge or the panel of judges, without holding a new trial or receiving new evidence, reviews the case as it was considered by the BVA. A single judge can, after going through the information, request a panel to join him in the review at that point, or, on his own, affirm, reverse, remand, or dismiss a case by issuing an order or memorandum decision.
 
From the Website of CAVC

Veterans Consortium Pro Bono Program

more
Controversies:
 

Snail's Pace Processing

According to a study by Harvard professor Linda J. Bilmes, it took the Veterans Administration up to 177 days to process an initial claim and average of 657 days to process an appeal. Because many of the disabled veterans are elderly, many die before their cases are resolved.

Testimony by Brian Lawrence before the House Committee on Veterans’ Affairs

more

Comments

David Davis 2 years ago
if congress would get off of their duffs and do something about the problems instead of make recommendations then perhaps the hamster wheel would be stopped or minimized the courts would not be overloaded. it looks more like congressional fraud and it is typical of oversight committees to have coffee and donuts and sit around and make recommendations that go nowhere. this department is one that is allowed to be run like a tyrannical government. our leaders say they can't do anything...
M. Kaemke 2 years ago
my father was recruited and served in the us army in berlin germany. he was a german citizen at the time and became a us citizen when he was recruited. my father served in the 287th mp co. from 1954-1958. as far as i know my father has not recieved any benefits from the veterans administration, and was told his records were destroyed in a fire in st. louis so even proving his service has become impossible. if anyone has any contact info or knows of any way to resolve any of this you...
Glenn F. Miller 2 years ago
my case reference docket no. 08 36 855 hearing was nov 2 2011 it took 41/2 years to get the hearing board the(washington dc) traveling board of veterans' appeals held at the va office in philadephia-- another 51/2 months still no decision i've forwarded this file file to the supreme court of the us there is something extremely wrong with the system---if any one can help i cam send the brief and the supporting documentation! the case stems from denial of hearing loss iwas a gunn...
David Davis 2 years ago
i was tied between two poles. my fellow military members wrapped a number of turns of wire around my wrists and my ankles. they connected these wires to a radio telephone generator and cranked for what seemed like an hour. i screamed and cried out for them to stop. they didn't. finally when they did, they drug me over to a 4 foot post. then they tied my feet and ankles so that they were above my waist, they shoved me to the ground. this put me in a hyperextended position and hurt li...
Howard Bradford 3 years ago
the feres doctrine covers up human experiments! in 2011 shouldn’t u.s. service personnel have the same u.s. constitutional rights that rapists and murderers keep? 2002 u.s. senate hearing on the feres doctrine. [8] the 2002 hearing’s 127 pages of 19 testimonials and submissions for the record did not address the previously documented: 1. fact that convicted rapists and murderers receive u.s. constitutional experimentation protection that u.s. service personnel do not!! [4] 2. g...
Royal Edward Glaude 3 years ago
GREETINGS: In the Great State of California, the merger between the State Bar and The Judicial Branch of Government has created a state seizure of United States Armed Forces Veterans' Benefits' under color of law. The United States Armed Forces Veterans has clear Intelligence Survellance Information that's well documented exposing this 25 years of hate crimes against our United States Armed Forces & it's Veterans' and their Benefits". Much like the old days of europe, when the ger...
Lois 4 years ago
During past two years have been helping older Vetarans with filing a VA claims. On many occassions, veterans are being denied by VA for incorrect claimed conditions and must appeal to correct the error. I wish there was a way that I could get Secretary Shinseki to secretly take a look at the claim file of one of the veterans that I am currently assisting. I truly believe that he would be shocked!! The claims processing woud improve overnight If he (not a representative) wou...
Randell E. Brown 4 years ago
Not long ago the Court rendered a precedent decision that stated, "VA may not ignore or reject an issue merely because the veteran did not expressly raise the appropriate legal provision for the benefit sought.” This priciple was the basis of my argument for an earlier effective date for a secondary condition. Needless to say , I was stunned when i received notice that the Court rejected my claim. In reading the Court's decision, it's obvious that no one reviewed the facts and ci...
Donald R. Morgan 5 years ago
It was not long ago that the Court puffed about how most of the pro se veterans were not successful before its chambers. When a BVA Judge asserts that a veteran is entitled to total compensation for a claim filed the adjudicators for the VA ignore what the Judge asserts. One would what wisdom!

Leave a comment

captcha

Founded: 1988
Annual Budget: $25 million
Employees: 100
United States Court of Appeals for Veterans Claims (CAVC)
Kasold, Bruce
Chief Judge

 

Bruce E. Kasold was named Chief Judge of the U.S. Court of Appeals for Veterans Claims on August 6, 2010. He had been a Judge of the Court since his appointment by President George W. Bush in December 2003.
 
Kasold was born on April 26, 1951, in New York City. His father, Edward, was a city employee who became a U.S. Army lieutenant colonel, and his mother, Louise, was a nurse’s assistant. He attended St. John the Evangelist School before graduating from Bishop McGann-Mercy Diocesan High School in New York in 1969, and earning a degree from the U.S. Military Academy at West Point in 1973. Between 1973 and 1976, Kasold served as a platoon leader and training officer in the U.S. Army Air Defense Artillery, stationed in Texas, Maryland, and Colorado.
 
Inspired by TV law shows like “Perry Mason,” Kasold attended the University of Florida Law School, where he was a member of the Law Review and earned his J.D. in 1979. Between semesters, he worked at the Fort Rucker, Alabama, Army post as an assistant defense counsel in 1977, and as an assistant prosecutor in 1978.
 
The following year, Kasold joined the Judge Advocate General’s Corps, handling civil litigation cases until 1994. During that period, he earned an LL.M. from Georgetown University Law Center in 1982, and an LL.M. equivalent from the Judge Advocate General’s Legal Center and School in 1984.
 
Kasold lived in Augsburg, Germany, from 1984 to 1987, serving as legal counsel to the VII Corps Artillery Commanding General. Among his various responsibilities was counsel or co-counsel in about 50 courts-martial cases. In 1987 he joined the Army’s Office of General Counsel at the Pentagon as an assistant general counsel. He was subsequently recruited for a fellowship on Capitol Hill, splitting his time between the offices of then-Senator Joe Biden (D-Delaware) and Senator John Warner (R-Virginia).
 
In January 1994, Kasold joined the Washington, D.C. law firm of Holland & Knight as a commercial and government contracts litigation attorney. From November 1995 to December 1998, he worked as chief counsel for the Senate Committee on Rules and Administration and co-drafted the initial Senate resolution for the impeachment proceedings against President Bill Clinton.
 
From 1998 to 2003 Kasold served as chief counsel to the U.S. Senate’s secretary and its sergeant at arms. From 2000 until 2004, he served as president of the Capitol Hill Chapter of the Federal Bar Association. Beginning in 1989, he also served on the board of the Pentagon Federal Credit Union, providing voluntary financial services to military and civilian personnel and their families.
 
Kasold and his wife Patricia have a son, Adam.
                       
Judicial Profile (by Jimmy Chatsuthiphan, Federal Lawyer) (pdf)
 
more
Greene, William, Jr.
Previous Chief Judge
William P. Greene earned a B.A. in Political Science at West Virginia State College in 1965, and a J.D. from Howard University School of Law in 1968. Then he was appointed a commissioned officer in the U.S. Army Judge Advocate General’s Corps. During his service as a Judge Advocate, he completed his military education at the Judge Advocate General’s School in Charlottesville, Virginia; the Army Command and General Staff College, Fort Leavenworth, Kansas; and the U.S. Army War College, Carlisle, Pennsylvania. Greene held several positions in the Army, including Chief Prosecutor at Fort Knox, Kentucky; Chief Defense Council in the Army Command, in Hawaii; and Chief Recruiter for Lawyers. After that, in 1981, the Judge Advocate General of the Army selected him as the Department Chair of the Criminal law Division at the Judge Advocate General’s School. In addition, he served in Germany as the Deputy Staff Judge Advocate of the Second Infantry Division. Then in 1986 he was selected as the Staff Judge Advocate of the U. S. Military Academy at West Point, in New York, and after that he served as Staff Judge Advocate at Fort Leavenworth, Texas. Greene retired from the Army to accept an appointment as a U.S. Immigration Judge. While he was in that job, on May 16, 1997, President Bill Clinton appointed him to become a CAVC judge. Greene assumed the responsibilities of Chief Judge of the Court of Appeals for Veterans Claims on August 8, 2005.

 

Official Bio

 
more