What this means
m21-5:7.I.1 explains creation of CAVC. In plain terms, the official guidance says effective November 18, 1988, Congress established judicial review of final decisions of the VA by creating the United States Court of Veterans Appeals. It also addresses 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.
How this may help with a claim
Use m21-5:7.I.1 to audit how VA handled creation of CAVC. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Effective November 18, 1988, Congress established judicial review of final decisions of the VA by creating the United States Court of Veterans Appeals. CAVC returns remands to the Board for further action, and in turn the Board may remand the appeal to VBA. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: The term precedential means that the court's holding, interpretations, or conclusions of law on an issue are authoritative and binding on VA.
- Confirm that the record or notice addresses this source point: Effective November 18, 1988, Congress established judicial review of final decisions of the VA by creating the United States Court of Veterans Appeals.
- Document how this stated step or exception applies: 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.
Important limits
m21-5:7.I.1 explains VA guidance for creation of CAVC; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Effective November 18, 1988, Congress established judicial review of final decisions of the VA by creating the United States Court of Veterans Appeals. Published decisions of a three-member panel of CAVC, or of the full court, are precedential.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Creation of CAVC
- m21-5:7.I.1
- Creation CAVC
- CAVC
- jurisdiction CAVC
- remands returned CAVC
- expeditious handling CAVC remands
- precedential effect CAVC decisions.
Original VA guidance
The official VA text of this section
1. General Information on CAVC
Introduction
This topic contains general information on CAVC, including
- creation of CAVC
- jurisdiction of CAVC
- remands returned by CAVC
- expeditious handling of CAVC remands, and
- precedential effect of CAVC decisions.
Change Date
March 14, 2025
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
Law requires VBA to expedite all remands from either CAVC or the Board.
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 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.