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 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
The cause number of this appeal, and the veteran’s name, have been withheld to protect the veteran’s privacy. In this case, the BVA denied an increased rating of 70% to a veteran for his service-connected PTSD. The BVA also found the vete… Read More
This case involves a veteran’s appeal to the BVA seeking service connection for arthritis.  The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a… Read More

See More Appellate Results

VA Form 21 Blog

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Every appeal to the US Court of Appeals for Veterans Claims (CAVC) begins by filing a Notice of Appeal with the CAVC. Shortly after receiving a Notice of Appeal, the CAVC assigns a docket number. The CAVC Docket Number is the reference number th… Read More

Read the VA Form 21 Blog