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Court of Appeals for Veterans Claims: Difference between revisions
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{{Organization | |||
|OrganizationName=Court of Appeals for Veterans Claims | |||
|OrganizationType=Independent Agencies | |||
|Mission=United States Court of Appeals for Veterans Claims reviews veterans’ benefits appeals, ensuring fair and thorough claim evaluations. | |||
|CreationLegislation=Veterans' Judicial Review Act of 1988 | |||
|Employees=100 | |||
|Budget=$30 million (fiscal year 2023) | |||
|OrganizationExecutive=Chief Judge | |||
|Services=Appellate review of veterans' benefits decisions; Case remands to BVA | |||
|HeadquartersLocation=38.89481, -77.02078 | |||
|HeadquartersAddress=625 Indiana Avenue NW, Suite 900, Washington, DC 20004 | |||
|Website=https://www.uscourts.cavc.gov | |||
}} | |||
{{short description|Specialized federal appeals court}} | {{short description|Specialized federal appeals court}} | ||
The '''United States Court of Appeals for Veterans Claims''' (in [[case citation]]s, '''Vet. App.''') is a federal [[court of record]] that was established under [[Article I of the United States Constitution]], and is thus referred to as an [[Federal tribunals in the United States#Article I tribunals|Article I tribunal]] (court). The court has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions of the [[Board of Veterans' Appeals]].<ref>{{cite web|url=http://www.uscourts.cavc.gov/ |title=USCAVC – United States Court of Appeals for Veterans Claims |publisher=Uscourts.cavc.gov |access-date=October 3, 2012}}</ref><ref name="ReferenceC">{{Bluebook website |last=Gaffney |first=Jonathan M. |title=U.S. Court of Appeals for Veterans Claims: A Brief Introduction |url=https://crsreports.congress.gov/product/pdf/IF/IF11365 |date=November 18, 2019 |publisher=Cong. Research Serv.}}</ref> | The '''United States Court of Appeals for Veterans Claims''' (in [[case citation]]s, '''Vet. App.''') is a federal [[court of record]] that was established under [[Article I of the United States Constitution]], and is thus referred to as an [[Federal tribunals in the United States#Article I tribunals|Article I tribunal]] (court). The court has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions of the [[Board of Veterans' Appeals]].<ref>{{cite web|url=http://www.uscourts.cavc.gov/ |title=USCAVC – United States Court of Appeals for Veterans Claims |publisher=Uscourts.cavc.gov |access-date=October 3, 2012}}</ref><ref name="ReferenceC">{{Bluebook website |last=Gaffney |first=Jonathan M. |title=U.S. Court of Appeals for Veterans Claims: A Brief Introduction |url=https://crsreports.congress.gov/product/pdf/IF/IF11365 |date=November 18, 2019 |publisher=Cong. Research Serv.}}</ref> | ||
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The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988.<ref name="ReferenceB">{{uspl|100|687}}, {{USStat|102|4105}}</ref><ref name="openlibrary1">{{cite web|author=United States. Congress. House ... |url=https://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act |title=Veterans' Judicial Review Act |year=1988 |publisher=Open Library |ol=17835255M |access-date=October 3, 2012}}</ref> Prior to the establishment of the U.S. Court of Appeals for Veterans Claims, from the [[U.S. Revolutionary War]] to 1988, there was no judicial recourse for veterans who were denied benefits.<ref name="autogenerated1">{{cite web|url=http://www.uscourts.cavc.gov/about/History.cfm |title=USCAVC – History |publisher=Uscourts.cavc.gov |access-date=October 3, 2012}}</ref> The [[United States Department of Veterans Affairs]], formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight.<ref name="autogenerated1"/> The Board of Veterans' Appeals, which is a part of the Department of Veterans Affairs, provided the final decision in a veteran's claim for benefits. | The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988.<ref name="ReferenceB">{{uspl|100|687}}, {{USStat|102|4105}}</ref><ref name="openlibrary1">{{cite web|author=United States. Congress. House ... |url=https://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act |title=Veterans' Judicial Review Act |year=1988 |publisher=Open Library |ol=17835255M |access-date=October 3, 2012}}</ref> Prior to the establishment of the U.S. Court of Appeals for Veterans Claims, from the [[U.S. Revolutionary War]] to 1988, there was no judicial recourse for veterans who were denied benefits.<ref name="autogenerated1">{{cite web|url=http://www.uscourts.cavc.gov/about/History.cfm |title=USCAVC – History |publisher=Uscourts.cavc.gov |access-date=October 3, 2012}}</ref> The [[United States Department of Veterans Affairs]], formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight.<ref name="autogenerated1"/> The Board of Veterans' Appeals, which is a part of the Department of Veterans Affairs, provided the final decision in a veteran's claim for benefits. | ||
Veterans, advocacy groups, and [[List of veterans' organizations|veterans service organizations]] fought and urged Congress to provide judicial review of VA decisions since the 1950s. The lack of judicial review persisted, however, until the increase in veterans claims following the | Veterans, advocacy groups, and [[List of veterans' organizations|veterans service organizations]] fought and urged Congress to provide judicial review of VA decisions since the 1950s. The lack of judicial review persisted, however, until the increase in veterans claims following the Vietnam War. The struggles of these veterans to obtain VA benefits highlighted the lack of independent oversight in the adjudication process. The House Committee on Veterans' Affairs initially resisted, noting that the Department of Veterans Affairs stood in "splendid isolation as the single federal administrative agency whose major functions were explicitly insulated from judicial review."<ref name="autogenerated1"/> | ||
After decades of debate, on November 18, 1988, Congress created the United States Court of Veterans Appeals.<ref name="ReferenceB"/><ref name="openlibrary1"/> On March 1, 1999, the Court's name was changed from the United States Court of Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368).<ref name="ReferenceA"/> | After decades of debate, on November 18, 1988, Congress created the United States Court of Veterans Appeals.<ref name="ReferenceB"/><ref name="openlibrary1"/> On March 1, 1999, the Court's name was changed from the United States Court of Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368).<ref name="ReferenceA"/> | ||