There are multiple levels of appeals, and
each level must be completed in order. We thoroughly discuss the first 2 levels
in our discussion of VA Appeals on our site. Level 1 is the Board of Veterans’Appeals, and level 2 is the US Court of Appeals for Veterans Claims. These two
levels are appeals that occur within the VA system itself. After you’ve
completed level two, if you are still unhappy, you can appeal to a federal
court.
Below are the two levels of VA appeals to
federal courts that you can pursue and what you need to do to submit an appeal.
We do NOT, however, recommend appealing to a federal court without some form of
legal representation.
Level 3.
Level 3 of VA appeals is the US Court of
Appeals for the Federal Circuit. You cannot appeal to this court for just
anything, however.
The US Court of Appeals for the Federal
Circuit will only review your case IF:
- There is a
disagreement about the interpretation of the law. Much of the VASRD is left up
to interpretation, but if you disagree with something that is clearly a fact,
not an interpretation, your case will get thrown out of this court.
- You feel that
the US Court of Appeals for Veterans Claims made a decision contrary to the
laws that it is required to follow.
- There is
evidence that a law that was used to determine the US Court of Appeals for
Veterans Claims’ decision conflicts with other laws that would give your case a
better outcome. Sometimes there are laws that override other laws in certain
instances, but these cannot be contested. There can be nothing in the laws
themselves that can logically decide which law should be dominant in your case
for this argument to proceed.
If you submit an appeal for any other
reason, the Federal Circuit court could fine you for filing a frivolous
petition. Just be careful and make sure your argument is sound. This is where
having legal representation could really help.
Remember that if you have new evidence, you
have to start over at the local VA. You cannot submit new evidence to this
court, or your case will be thrown out.
To apply to the US Court of Appeals for the
Federal Circuit, you must submit your appeal within 30 days of the official
judgment of the US Court of Appeals for Veterans Claims. If it is not received
within 30 days, it will be thrown out.
To apply to the US Court of Appeals for the
Federal Circuit, you actually submit a Notice of Appeal to the US Court of
Appeals for Veterans Claims. For some reason, all appeals to the Federal
Circuit court are processed through the Veterans Claims court instead of being
sent directly to the Federal Circuit court.
In addition to the Notice of Appeal,
include a copy of the United States Court of Appeals for Veterans Claims’
decision. You could also include an Information Sheet, but it is not required.
Not a bad idea to include it, though.
The Federal Circuit court charges $450 to
file an appeal, but since it is processed by the US Court of Appeals for
Veterans Claims, the payment is made out to them. It can either be paid by
check or money order to the U.S. Court of
Appeals for Veterans Claims. If you honestly can’t afford to pay the fee,
you can file a Forma Pauperis form instead.
The Federal Circuit court also required for
you to submit an Informal Brief. This is where you state your issues and argue
your case. This must be submitted within 21 days of your case being served, and
it cannot exceed 30 pages in length.
The US Court of Appeals for the Federal
Circuit provides a Guide for Pro Se Petitioners and Appellants that contains
further detailed information about applying to this court, writing an Informal
Brief, and what to expect after you submit your appeal.
Now after you receive the Federal Circuit
court’s decision, and you’re still not happy, you can file a petition for
rehearing, but you’re case will most likely not be reopened. They rarely will
reconsider a case. After submitting a petition for rehearing, you can move on
to Level 4.
Level 4.
This is it. The last level: The US Supreme
Court. Can’t get any higher than that.
After you’ve received your ruling from the
Federal Circuit, you can appeal to the Supreme Court.
The Supreme Court only hears 1% of all
cases that are filed, so it is most likely that your case may never be heard.
The Supreme Court only considers cases where:
- Two lower courts have made completely
different rulings on the exact same issue. The issue must be important enough
that it would affect many people for the Supreme Court to deem it worthy.
- The issue
involved is extremely important to the public and would affect a lot of people.
If your case doesn’t definitely fit one of
these categories, then don’t waste your time submitting an appeal.
