Top 10 Reasons Why Submissions to United States Court of Appeals for Veterans Claims are Rejected

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The United States Court of Appeals for Veterans Claims is a national court of record, established under Article I of the Constitution of the United States. The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans’ Appeals, an entity within the Department of Veterans Affairs.

The Court provides veterans an impartial judicial forum for review of administrative decisions by the Board of Veterans’ Appeals that are adverse to the veteran-appellant’s claim of entitlement to benefits for service-connected disabilities, survivor benefits and other benefits such as education payments and waiver of indebtedness. In furtherance of its mission, the Court also seeks to help ensure that all veterans have equal access to the Court and to promote public trust and confidence in the Court.

     

 

  1. Motions for extensions that do not contain all the elements required by U.S. Vet. App. R. 26(b)(2) or do not contain a statement of consent pursuant to U.S. Vet. App. R. 27(a)(4).
  2. Motions signed by a representative who has not entered an appearance.  U.S. Vet. App. R. 46(d)(2).
  3. Filing a motion for a stay instead of a motion for extension when asking for additional time to file a pleading.  U.S. Vet. App. R. 5(a)(1)(C).
  4. Not attaching a certificate of service to the Clerk when a brief is received after the due date, but mailed on or before the due date.  U.S. Vet. App. R. 25(e)(2).
  5. Motions to withdraw that do not include appellant’s telephone number.  U.S. Vet. App. R. 46(d)(4).
  6. Motions or certificates of service that are not signed.  U.S. Vet. App. R. 32(h).
  7. Filing a motion to supplement the record, after a brief has been filed, but not including a motion for leave to file the motion to supplement the record.  U.S. Vet. App. R. 11(b)(1).
  8. Serving the wrong party.  U.S. Vet. App. R. 25(c) and (e).
  9. Faxing submissions that are longer than 10 pages.  U.S. Vet. App. R. 25(a)(2)(B).
  10. Motions to expedite that do not contain the doctor’s licensing authority and current license number.  U.S. Vet. App. R. 47(a)(1).

The Court was created under Article I of the Constitution by the Veterans’ Judicial Review Act (Pub.L. No. 100-687) on November 18, 1988.  Originally named the United States Court of Veterans Appeals, its name was changed effective March 1, 1999, by the Veterans’ Programs Enhancement Act of 1998 (Pub.L. No. 105-368).  The seven active judges on the Court  are  appointed by the President, and confirmed by the Senate to serve either thirteen or fifteen year appointments.  The law that created the Court is in chapter 72 of title 38, United States Code.

The Court reviews certain BVA decisions. The Court is not part of the VA.  It does not hold trials, receive new evidence, or hear witnesses.  It reviews your BVA decision, the written record, and the briefs of the parties. You do not need to come to Washington, D.C.  for your appeal.
 
Remember:  You must have a final decision from the BVA – not the RO – before you can appeal to this Court.

For more info, please visit United States Court of Appeals for Veterans Claims Web Site: http://www.vetapp.uscourts.gov/

 

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