Caring. Effective. Efficient.

Federal Circuit Court of Appeals

The U.S. Federal Circuit Court of Appeals is the first, and only, Article III court that most veterans will ever see in their benefits claims or appeals.

Even then, the vast majority of veterans who appeal an adverse decision of the Court of Appeals for Veterans Claims (CAVC) to the U.S. Federal Circuit Court of Appeals will lose.

The Federal Circuit has such narrow jurisdiction over CAVC judgments that a good bit of time and thought must go into preparation for an appeal to the Federal Circuit.

Federal Circuit Court of Appeals Require Unique Skill.

As appellate professionals, the attorneys at Attig | Steel work hard, before filing any appeals to the Federal Circuit, to ensure that your client’s appeal is one over which the court most commonly has jurisdiction:

  1. Erroneous "Rule of Law" interpretation
  2. Statutory or regulatory interpretation issues
  3. Legal questions regarding the jurisdiction of the Court of Appeals for Veterans Claims
  4. Jurisdiction over constitutional issues

We closely examine the record to ensure that we will not make an argument that is clearly outside the jurisdiction of the court:

  1. Disputes over the facts of the case
  2. Disputes regarding the Veterans Court's application of law to fact
  3. Factual or factual application disputes masquerading as statutory, regulatory or constitutional issues.

Once we are sure we can develop a strong argument in support of the court’s exercise of jurisdiction, we work through an extensive case analysis and briefing process to focuses the court’s attention on the flashpoint of controversy in the case and the relief we are asking the court to grant.

Even after we have established that the Federal Circuit might have jurisdiction over a particular appeal, Attig | Steel is deliberate and calculating in deciding whether to take a particular case to the Federal Circuit Court of Appeals: because the precedential decisions of the Federal Circuit Court are impactful, hasty decisions to appeal, or poorly briefed appeals, often lead to bad precedent.

If you believe that your CAVC Memorandum or Panel decision was incorrectly decided, and would like us to evaluate the decision for appeal to the United States Federal Circuit Court of Appeals, please fill out our consultation request form, tell us about your case, and Attig | Steel will reach out to you.

Recent Cases

(April 18, 2018) The law firm of Hill and Ponton approached Attig | Steel after the BVA judge denied their veteran a higher 70 percent PTSD rating. They had put a lot of work and energy into helping a veteran, and the BVA decision seemed to gloss ove… Read More
(April 6, 2018) The veteran in this case served in the Navy in support of Operation Iraqi Freedom, including deployment to Kuwait. Upon his return stateside, after attempts to reintegrate to civilian life, he began to have family and other problems.… Read More
(February 14, 2018) Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded.  The veteran was a 3 decade military veteran, who fought not only i… Read More

See More Appellate Results

VA Form 21 Blog

Nov
15
What is the Deep Issue in the Case? 38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.”  On remand from the Veterans Court, the veteran asked for a new BVA he… Read More
Nov
6
  Coffee w/ Chris: (Monday, November 5, 2018) The Supreme Court takes on Agent Orange. It is not often that the Supreme Court takes up a veterans disability claim. This past Friday, SCOTUS granted cert in a case called Gray v. Wilkie. The qu… Read More

Read the VA Form 21 Blog