Section I – Court of Appeals for Veterans Claims (CAVC)

Updated Jul 22, 2024

In This Section

This section contains the following topics:

Topic	Topic Name
1	General Information on CAVC
2	CAVC Remands

1. General Information on CAVC

Introduction

This topic contains general information on CAVC, including

Change Date

July 23, 2024

7.I.1.a. Creation of CAVC

Effective November 18, 1988, Congress established judicial review of final decisions of the Department of Veterans Affairs (VA) by creating the United States Court of Veterans Appeals.

Effective March 1, 1999, the Court became known as the U.S. Court of Appeals for Veterans Claims (CAVC).

7.I.1.b. Jurisdiction of CAVC

CAVC

has jurisdiction over all appeals of Veterans Benefits Administration (VBA) benefits but may not review
- the schedule of ratings for disabilities adopted under 38 U.S.C. 1155, or
- any action of the Secretary adopting or revising that schedule, and
can affirm, reverse, or remand a final decision of the Board of Veterans’ Appeals (the Board).

Reference: For more information on jurisdiction of CAVC, see 38 U.S.C. 7252.

7.I.1.c. Remands Returned by CAVC

CAVC returns remands to the Board for further action, and in turn the Board may remand the appeal to VBA. All such appeals remanded require careful attention and expeditious handling.

In some cases CAVC may issue orders that require VBA to

make a decision
complete some other action by a certain date, or
provide status reports at certain intervals to show that it is following adjudicative procedures without excessive delay.

7.I.1.d. Expeditious Handling of CAVC Remands

All remands to VBA from either CAVC or the Board must, by law, be handled expeditiously by regional offices (ROs).

References: For more information on expedited handling of remands from the Board to VBA (to include remands originating from CAVC), see

38 U.S.C. 5109B, and
38 U.S.C. 7112.

7.I.1.e.
Precedential Effect of CAVC Decisions

Published decisions of a three-member panel of CAVC, or of the full court, are precedential.

The term precedential means that the court’s holding, interpretations, or conclusions of law on an issue are authoritative and binding on VA. Cases before VA involving the same issue must be analyzed and decided in line with the precedential decision.

Precedential effect begins on the date of issuance of a qualifying decision. It continues until the decision is withdrawn or reconsidered by the CAVC, or vacated or reversed by the United States Court of Appeals for the Federal Circuit or the United States Supreme Court. Neither a motion for reconsideration or rehearing with CAVC, nor an appeal changes the precedential effect of the decision on other cases.

Important:

Continue to follow precedents unless VA stays the adjudication of similar cases pending a decision on reconsideration by CAVC or the resolution of an appeal of the court’s decision.
Always follow VA’s interpretation of the law, including VA’s interpretation of the court’s holdings. An advisory opinion is available as provided in M21-1, Part X, Subpart v, Chapter 1.A.2.a for questions about the application of the law to a pending issue.

Reference: For more information on the precedential effect of CAVC decisions, see

Tobler v. Derwinski, 2 Vet.App. 8 (1991), and
VAOPGCPREC 26-1992.

2. CAVC Remands

Introduction

This topic contains information on CAVC remands, including

Change Date

July 23, 2024

7.I.2.a. Definition of a CAVC Remand

CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board.

For the purpose of this topic, the term CAVC remand means a decision by CAVC that does not resolve the merits of the issues, but returns matters to the Board for further factual development and/or readjudication. If additional development is required, the Board may remand the case to VBA, usually to the Decision Review Operations Center in the District of Columbia (DROC DC).

Reference: For more information on DROC DC, see M21-5, Chapter 7, Section G.3.

7.I.2.b. Responsibility for CAVC Remands

VBA and DROC DC management are responsible for

initially reviewing all CAVC remands to ensure they are processed properly and in a timely fashion upon receipt
controlling CAVC remanded paper claims folders by
- designing and implementing local procedures to keep these claims folders in a secure area separate from regular files storage, and
- ensuring that any claims folder removed from the secured area is returned by the close of business each day unless the folder is sent to a medical facility in conjunction with a physical examination request
requesting examinations for CAVC remanded cases, and
transferring CAVC remands to the Board.

References: For more information on

initially reviewing CAVC remands, see M21-5, Chapter 7, Section I.2.c
establishing a tracking system, see M21-5, Chapter 7, Section I.2.d
requesting an examination, see M21-5, Chapter 7, Section G.4.c, and
transferring CAVC remands to the Board, see M21-5, Chapter 7, Section G.4.g.

7.I.2.c.
Initial Review of CAVC Remands

The table below describes the process for initially reviewing CAVC remands.

Stage	Description
1	Upon receipt in the RO or DROC DC of a case remanded by CAVC, deliver the claims folder to the RO or DROC DC management staff member or their designee on the same day.
2	The designee reviews the remanded case to ensure that a Veterans Appeals Control Locator System (VACOLS) diary is established within seven calendar days from date of receipt in the RO or DROC DC.
3	The designee ensures completion of all initial development actions within 15 calendar days from date of receipt in the RO or DROC DC.

Reference: For more information on the proper handling of CAVC remanded cases, see M21-5, Chapter 6, Section C.

7.I.2.d. Tracking CAVC Remands

The table below describes the process for tracking an active CAVC remand.

Stage	Description
1	Upon receipt of a remand from CAVC, the Board establishes a VACOLS record. *Note*: Court remands are differentiated and listed separately in VACOLS.
2	If action is necessary at the RO or DROC DC, the Board updates the record to remand (REM) status, and if the claims folder is paper, mails the claims folder to the RO or DROC DC.
3	The RO or DROC DC establishes an end product (EP) 070 series tracks the case in VACOLS, and the Veterans Benefits Management System (VBMS), and maintains diary control. *Note*: VACOLS enables the user to identify the exact status of the case if an inquiry is received.

References: For more information on

DROC DC’s role with remands, see M21-5, Chapter 7, Section G.3, and
proper EP use for appeals, see M21-4 Appendix B.

7.I.2.e. CAVC Settlements

If OGC and the appellant/attorney settle a dispute, the claim is removed from litigation before CAVC. The settlement typically requires VBA to take actions to which both parties have agreed. The following actions must be completed:

Step	Action
1	OGC emails OAR with the terms of the settlement and specific instructions
2	OAR forwards the details to DROC DC
3	DROC DC establishes an EP 070 with claim label Board Full Grant
4	The date of claim will be the same as the date at the top of the settlement agreement document sent by OAR
5	When establishing the EP, DROC personnel must also upload the settlement agreement document to VBMS
6	The CAVC Settlement special issue must be added to at least one contention

DROC DC is responsible for all development, rating, and/or promulgation actions required by the settlement agreement, with the exception of special mission issues as outlined in M21-1, Part II, Subpart ii, 3.1.b. All decisions must include the aspects of the settlement, as well as any downstream issues that arise as a result of that settlement.

Note: All CAVC settlements must be worked within the timeframe designated by OAR upon notification to the DROC.

Reference: For more information on downstream issues, see M21-5, Chapter 7, Section A.1.f.

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Updated Jul 22, 2024

In This Section

This section contains the following topics:

Topic	Topic Name
1	General Information on CAVC
2	CAVC Remands

1. General Information on CAVC

Introduction

This topic contains general information on CAVC, including

Change Date

July 23, 2024

7.I.1.a. Creation of CAVC

Effective November 18, 1988, Congress established judicial review of final decisions of the Department of Veterans Affairs (VA) by creating the United States Court of Veterans Appeals.

Effective March 1, 1999, the Court became known as the U.S. Court of Appeals for Veterans Claims (CAVC).

7.I.1.b. Jurisdiction of CAVC

CAVC

has jurisdiction over all appeals of Veterans Benefits Administration (VBA) benefits but may not review
- the schedule of ratings for disabilities adopted under 38 U.S.C. 1155, or
- any action of the Secretary adopting or revising that schedule, and
can affirm, reverse, or remand a final decision of the Board of Veterans’ Appeals (the Board).

Reference: For more information on jurisdiction of CAVC, see 38 U.S.C. 7252.

7.I.1.c. Remands Returned by CAVC

CAVC returns remands to the Board for further action, and in turn the Board may remand the appeal to VBA. All such appeals remanded require careful attention and expeditious handling.

In some cases CAVC may issue orders that require VBA to

make a decision
complete some other action by a certain date, or
provide status reports at certain intervals to show that it is following adjudicative procedures without excessive delay.

7.I.1.d. Expeditious Handling of CAVC Remands

All remands to VBA from either CAVC or the Board must, by law, be handled expeditiously by regional offices (ROs).

References: For more information on expedited handling of remands from the Board to VBA (to include remands originating from CAVC), see

38 U.S.C. 5109B, and
38 U.S.C. 7112.

7.I.1.e.
Precedential Effect of CAVC Decisions

Published decisions of a three-member panel of CAVC, or of the full court, are precedential.

The term precedential means that the court’s holding, interpretations, or conclusions of law on an issue are authoritative and binding on VA. Cases before VA involving the same issue must be analyzed and decided in line with the precedential decision.

Precedential effect begins on the date of issuance of a qualifying decision. It continues until the decision is withdrawn or reconsidered by the CAVC, or vacated or reversed by the United States Court of Appeals for the Federal Circuit or the United States Supreme Court. Neither a motion for reconsideration or rehearing with CAVC, nor an appeal changes the precedential effect of the decision on other cases.

Important:

Continue to follow precedents unless VA stays the adjudication of similar cases pending a decision on reconsideration by CAVC or the resolution of an appeal of the court’s decision.
Always follow VA’s interpretation of the law, including VA’s interpretation of the court’s holdings. An advisory opinion is available as provided in M21-1, Part X, Subpart v, Chapter 1.A.2.a for questions about the application of the law to a pending issue.

Reference: For more information on the precedential effect of CAVC decisions, see

Tobler v. Derwinski, 2 Vet.App. 8 (1991), and
VAOPGCPREC 26-1992.

2. CAVC Remands

Introduction

This topic contains information on CAVC remands, including

Change Date

July 23, 2024

7.I.2.a. Definition of a CAVC Remand

CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board.

For the purpose of this topic, the term CAVC remand means a decision by CAVC that does not resolve the merits of the issues, but returns matters to the Board for further factual development and/or readjudication. If additional development is required, the Board may remand the case to VBA, usually to the Decision Review Operations Center in the District of Columbia (DROC DC).

Reference: For more information on DROC DC, see M21-5, Chapter 7, Section G.3.

7.I.2.b. Responsibility for CAVC Remands

VBA and DROC DC management are responsible for

initially reviewing all CAVC remands to ensure they are processed properly and in a timely fashion upon receipt
controlling CAVC remanded paper claims folders by
- designing and implementing local procedures to keep these claims folders in a secure area separate from regular files storage, and
- ensuring that any claims folder removed from the secured area is returned by the close of business each day unless the folder is sent to a medical facility in conjunction with a physical examination request
requesting examinations for CAVC remanded cases, and
transferring CAVC remands to the Board.

References: For more information on

initially reviewing CAVC remands, see M21-5, Chapter 7, Section I.2.c
establishing a tracking system, see M21-5, Chapter 7, Section I.2.d
requesting an examination, see M21-5, Chapter 7, Section G.4.c, and
transferring CAVC remands to the Board, see M21-5, Chapter 7, Section G.4.g.

7.I.2.c.
Initial Review of CAVC Remands

The table below describes the process for initially reviewing CAVC remands.

Stage	Description
1	Upon receipt in the RO or DROC DC of a case remanded by CAVC, deliver the claims folder to the RO or DROC DC management staff member or their designee on the same day.
2	The designee reviews the remanded case to ensure that a Veterans Appeals Control Locator System (VACOLS) diary is established within seven calendar days from date of receipt in the RO or DROC DC.
3	The designee ensures completion of all initial development actions within 15 calendar days from date of receipt in the RO or DROC DC.

Reference: For more information on the proper handling of CAVC remanded cases, see M21-5, Chapter 6, Section C.

7.I.2.d. Tracking CAVC Remands

The table below describes the process for tracking an active CAVC remand.

Stage	Description
1	Upon receipt of a remand from CAVC, the Board establishes a VACOLS record. *Note*: Court remands are differentiated and listed separately in VACOLS.
2	If action is necessary at the RO or DROC DC, the Board updates the record to remand (REM) status, and if the claims folder is paper, mails the claims folder to the RO or DROC DC.
3	The RO or DROC DC establishes an end product (EP) 070 series tracks the case in VACOLS, and the Veterans Benefits Management System (VBMS), and maintains diary control. *Note*: VACOLS enables the user to identify the exact status of the case if an inquiry is received.

References: For more information on

DROC DC’s role with remands, see M21-5, Chapter 7, Section G.3, and
proper EP use for appeals, see M21-4 Appendix B.

7.I.2.e. CAVC Settlements

If OGC and the appellant/attorney settle a dispute, the claim is removed from litigation before CAVC. The settlement typically requires VBA to take actions to which both parties have agreed. The following actions must be completed:

Step	Action
1	OGC emails OAR with the terms of the settlement and specific instructions
2	OAR forwards the details to DROC DC
3	DROC DC establishes an EP 070 with claim label Board Full Grant
4	The date of claim will be the same as the date at the top of the settlement agreement document sent by OAR
5	When establishing the EP, DROC personnel must also upload the settlement agreement document to VBMS
6	The CAVC Settlement special issue must be added to at least one contention

DROC DC is responsible for all development, rating, and/or promulgation actions required by the settlement agreement, with the exception of special mission issues as outlined in M21-1, Part II, Subpart ii, 3.1.b. All decisions must include the aspects of the settlement, as well as any downstream issues that arise as a result of that settlement.

Note: All CAVC settlements must be worked within the timeframe designated by OAR upon notification to the DROC.

Reference: For more information on downstream issues, see M21-5, Chapter 7, Section A.1.f.

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38 CFR Part 3 (Click to Open)

38 CFR Part 4 (Click to Open)

VA Disability Codes [Click to Expand]

M21-1 Table of Contents

M21-5 Table of Contents

In This Section

1. General Information on CAVC

Introduction

Change Date

7.I.1.a. Creation of CAVC

7.I.1.b. Jurisdiction of CAVC

7.I.1.c. Remands Returned by CAVC

7.I.1.d. Expeditious Handling of CAVC Remands

7.I.1.e.Precedential Effect of CAVC Decisions

2. CAVC Remands

Introduction

Change Date

7.I.2.a. Definition of a CAVC Remand

7.I.2.b. Responsibility for CAVC Remands

7.I.2.c.Initial Review of CAVC Remands

7.I.2.d. Tracking CAVC Remands

7.I.2.e. CAVC Settlements

In This Section

1. General Information on CAVC

Introduction

Change Date

7.I.1.a. Creation of CAVC

7.I.1.b. Jurisdiction of CAVC

7.I.1.c. Remands Returned by CAVC

7.I.1.d. Expeditious Handling of CAVC Remands

7.I.1.e.Precedential Effect of CAVC Decisions

2. CAVC Remands

Introduction

Change Date

7.I.2.a. Definition of a CAVC Remand

7.I.2.b. Responsibility for CAVC Remands

7.I.2.c.Initial Review of CAVC Remands

7.I.2.d. Tracking CAVC Remands

7.I.2.e. CAVC Settlements

Related M21 References

M21-1 Table of Contents

M21-5 Table of Contents

7.I.1.e.
Precedential Effect of CAVC Decisions

7.I.2.c.
Initial Review of CAVC Remands

7.I.1.e.
Precedential Effect of CAVC Decisions

7.I.2.c.
Initial Review of CAVC Remands