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

This case involves the Board’s failure to reopen a veteran’s claim for service connection despite admitting that he submitted new and material evidence.  Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (… Read More
When the BVA failed to consider all the evidence of record before finding a veteran was not exposed to asbestos in military service, the law firm of Attig | Steel was able to get the BVA decision vacated at the US Court of Appeals for Veterans Claims… Read More
This case involves the BVA’s dismissal of a veteran’s claim for an earlier effective date for his service-connected post-traumatic stress disorder (PTSD) based on clear and unmistakeable error. Our client appealed the Board’s decision to th… Read More

See More Appellate Results

VA Form 21 Blog

Sep
6
If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice… Read More
Sep
3
The Business of Law – its not something we really think about until we need to know something about it. Every time I’ve needed to find a lawyer who can help me understand the law, argue a point in a motion or brief, or figure out the pra… Read More

Read the VA Form 21 Blog