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词条 United States Court of Appeals for Veterans Claims
释义

  1. Overview

  2. History

  3. Jurisdiction

  4. Judges

  5. Current Composition of the Court

  6. Former judges

  7. References

  8. Further reading

  9. External links

{{Use mdy dates|date=January 2018}}{{Infobox U.S. federal court
| court_type = tribunal
| court_name = United States Court of Appeals for Veterans Claims
| abbreviation = Vet. App.
| seal = Seal of the United States Court of Appeals for Veterans Claims.svg
| seal_size = 150
| courthouse =
| location = Washington, D.C.
| appeals_to = Federal Circuit
| appeals_from = Board of Veterans' Appeals
| established = November 18, 1988
| authority = Article I
| created_by = {{UnitedStatesCode|38|7251|7299}}
| composition = Presidential nomination
with Senate advice and consent
| judges_assigned = 7 {{small|(2 add'l temporary seats)}}
| term_length = 15 years
| chief = Robert N. Davis
| official_site = {{URL|http://www.uscourts.cavc.gov/}}
}}

The United States Court of Appeals for Veterans Claims (in case citations, Vet. App.) is a federal court of record that was established under Article I of the United States Constitution, and is thus referred to as an Article I tribunal (court). The court has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions of the Board of Veterans' Appeals.[1]

Overview

The United States Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The court was previously known as the United States Court of Veterans Appeals, but was changed to the current name by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368).[2] Opinions for the Veterans Court and other information about the Court can be found at www.uscourts.cavc.gov.

The Veterans Court is located in Washington, D.C. but may sit anywhere in the United States. While the Board of Veterans' Appeals is part of the United States Department of Veterans Affairs, the Veterans Court is not a part of the VA, it is an independent federal court. The Veterans Court hears oral arguments and reviews final Board decisions, the record before the agency, and briefs of the parties on appeal.[3] Each judge on the Court serves a 15-year term.

History

The U.S. Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988.[4][5] Prior to the establishment of the U.S. Court of Appeals for Veterans Claims, from the U.S. Revolutionary War to 1988, there was no judicial recourse for veterans who were denied benefits.[6] The United States Department of Veterans Affairs, formerly titled the Veterans Administration, was the only federal administrative agency that operated without independent judicial oversight.[6] The Board of Veterans' Appeals, which is a part of the Department of Veterans Affairs, provided the final decision in a veteran's claim for benefits.

Veterans, advocacy groups, and veterans service organizations fought and urged Congress to provide judicial review of VA decisions since the 1950s. The lack of judicial review persisted, however, until the increase in veterans claims following the Vietnam War. The struggles of these veterans to obtain VA benefits highlighted the lack of independent oversight in the adjudication process. The House Committee on Veterans' Affairs initially resisted, noting that the Department of Veterans Affairs stood in "splendid isolation as the single federal administrative agency whose major functions were explicitly insulated from judicial review."[6]

After decades of debate, on November 18, 1988, Congress created the United States Court of Veterans Appeals.[4][5] On March 1, 1999, the Court's name was changed from the United States Court of Veterans Appeals to the United States Court of Appeals for Veterans Claims through the Veterans Programs Enhancement Act (Pub.L. No. 105-368).[2]

Jurisdiction

The U.S. Court of Appeals for Veterans Claims has "exclusive jurisdiction to review decisions of the Board of Veterans' Appeals ... [with the] power to affirm, modify, or reverse a decision of the Board [of Veterans' Appeals] or to remand the matter, as appropriate."[7]

Judges

Judges are appointed to the U.S. Court of Appeals for Veterans Claims by the President of the United States and confirmed by the United States Senate, in the same manner as Article III Judges.[3] They are appointed to serve fifteen-year appointments. Retired judges are routinely recalled to active service to assist the Court in issuing its decisions in a timely manner.

Current Composition of the Court

As of May 2018, the judges of the court are as follows:

JudgeBornBegan active
service		Ended active
service		Appointed by
Robert N.|Davis}}
Chief Judge		19532004-George W. Bush
Mary J.|Schoelen}}19682004-George W. Bush
Coral Wong|Pietsch}}19472012-Obama
Margaret|Bartley}}19592012-Obama
William S.|Greenberg}}19422012-Obama
Michael P.|Allen}}–2017-Trump
Amanda L.|Meredith}}19722017-Trump
Joseph L.|Toth}}19652017-Trump
Joseph L.|Falvey Jr.}}–2018-Trump

Former judges

JudgeBegan active
service		Ended active
service		Appointed by
Frank Q.|Nebeker}}19892000George H. W. Bush
Kenneth B.|Kramer}}19892004George H. W. Bush
Hart T.|Mankin}}19891995George H. W. Bush
John J.|Farley III}}19892004George H. W. Bush
Donald L.|Ivers}}19902005George H. W. Bush
Ronald M.|Holdaway}}19902002George H. W. Bush
Jonathan R.|Steinberg}}19902005George H. W. Bush
William P.|Greene Jr.}}19972010Bill Clinton
Bruce E.|Kasold}}20032016George W. Bush
Lawrence B.|Hagel}}20032016George W. Bush
William A.|Moorman}}20042015George W. Bush
Alan G.|Lance Sr.}}20042017George W. Bush

References

1. ^{{cite web|url=http://www.uscourts.cavc.gov/ |title=USCAVC – United States Court of Appeals for Veterans Claims |publisher=Uscourts.cavc.gov |date= |accessdate=October 3, 2012}}
2. ^1 {{uspl|105|368}}, {{USStat|112|3315}}
3. ^1 {{cite web |url=http://www.uscourts.cavc.gov/about/ |title=USCAVC – About the Court |publisher=Uscourts.cavc.gov |date= |accessdate=October 3, 2012 |archive-url=https://web.archive.org/web/20121018234153/http://www.uscourts.cavc.gov/about/ |archive-date=October 18, 2012 |dead-url=yes |df=mdy-all }}
4. ^1 {{uspl|100|687}}, {{USStat|102|4105}}
5. ^1 {{cite web|author=United States. Congress. House ... |url=http://openlibrary.org/b/OL17835255M/Veterans'_Judicial_Review_Act |title=Veterans' Judicial Review Act |publisher=Open Library |date= |accessdate=October 3, 2012}}
6. ^1 2 {{cite web|url=http://www.uscourts.cavc.gov/about/History.cfm |title=USCAVC – History |publisher=Uscourts.cavc.gov |date= |accessdate=October 3, 2012}}
7. ^{{cite web|url=http://vlex.com/vid/sec-jurisdiction-finality-decisions-19233752 |title=38 USC 7252 – Sec. 7252. Jurisdiction; finality of decisions – US Code – Title 38: Veterans' Benefits – Subchapter I – Organization and Jurisdiction – Id 19233752 |publisher=vLex |date= |accessdate=October 3, 2012}}

Further reading

{{Cite book|title=Veterans Law: Cases and Theory|last=Ridgway|first=James D.|publisher=West Academic|year=2015|isbn=1628103485|series=American Casebook Series|location=|pages=|oclc=921166019}}

External links

  • United States Court of Appeals for Veterans Claims website
  • [https://web.archive.org/web/20100316233112/http://www.cavcbar.net/index.html Cavcbar.net]
  • Uscourts.cavc.gov
  • Va.gov
  • Pva.org
  • Vetsprobono.org
  • Vlex.xom
  • Openlibrary.org
  • Veterans Law Library – features updates to case law; new VA regulations; law review articles; and think tank (policy institute) reports.

2 : Article I tribunals|Veterans' affairs law in the United States
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