hi everyone welcome to cck live under five my name is christian mctarney and today i'm
going to be talking to you about cabc decisions and what they mean so quick overview of the cdc
or the united states court of appeals for veterans claims it's a federal appellate court that's
located in washington d.c with judges who are appointed by the president of the united states
so it's really important to note that the court is not a part of the department of veterans affairs
the court is not va the court in fact oversees the va to make sure that it's making decisions that
are consistent with the law so the cedc hears appeals of claimants which could be a veteran
and their dependents who are unsuccessful or lost at the board of veterans appeals or the board
so the cabc has exclusive jurisdiction to review all final board decisions they're the court where
these appeals go to so decisions most decisions from the court come from a single judge so that's
one of the great things about going to the cabc is that a federal judge looks at your case and makes
a written decision determining whether you win or lose but there are certain situations where
more than one judge can be involved so typically those are complicated cases um but they're likely
to be considered by multiple judges three judges um or maybe all the judges uh both three judges
and all judges are rare but they do happen so generally the cvc is either going to affirm
or vacate or and remand the board's decision so a firm this means that the court didn't find any
legal or factual errors so if the board denies you benefits the court affirms that's basically
saying that the board didn't do anything legally or factually wrong the other thing the court
does most often is vacate and remand the board's decision so this happens when you win at court the
court finds a legal or factual error they vacate basically a race and remand send back down to va
the case for the va to take another look at it for the board to take another look at it and to
readjudicate the case so in extremely rare cases the uh the court rather can reverse and basically
reverse the denial in the board's decision and order va to grant benefits so that's just
something to keep in mind but it is very very rare so once you get the court decision your options
don't stop there once you get your cavc decision and you're unhappy with it you can do a few things
you can file a motion for reconsideration which is basically asking the original judge to re-review
the case because they missed something it happens we're all human you can ask for a panel decision
which is like i was talking about before would be three judges deciding the case and it would
result in precedent precedent would be a decision that guides all of the way that va law works on
that particular issue um you could also ask for ombank which means all the judges like i talked
about before this is extremely rare and unlock review only really comes into consideration when
maybe the court needs to change a line of precedent or something like that so alternatively
so those are all options about going back to the cabc alternatively the superior court to the cabc
the reviewing court is the united states court of appeals for the federal circuit
so that's the next court in line but to bring a case at the federal circuit it needs to be just
a legal error at the cabc it was talking about law or fact the federal circuit's jurisdiction
is really really narrow and it's only legal errors and it's difficult to get a case
before the federal circuit and be successful because of how difficult it is to prove legal
error at the cabc so i hope this was a helpful overview it's intended to be quick thank you for
watching and please be sure to check out our blog in other videos for more information on this topic
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