Step Four: How Does The Appeals Process Work?

All of the docket information is available on the Court’s website. Scroll down the menu on the far left and click on “Docket Search.” Then click on the first link, which will take you to a box for your docket (case) number. After typing your docket number in the upper left-hand box, click on the “Search” button. This will take you to the Court’s docket for your case. Finally, click on the docket number of your case for your information.

Let’s say your docket number is: 21-0015. The first two digits – 21 – are the last two digits of the year in which your appeal is filed. The last four digits – 0015 – represent the order in which appeals are received by the Court during the calendar year. So a docket number of 21-0015 is the 15^th notice of appeal filed in 2021.

If you have questions about Court processes, procedures, or forms that you are filling out, and you do not have a lawyer, you may contact The Veterans Consortium Helpline at 855-446-9678 and they can answer your questions. The Clerk of the Court can answer some questions, but only about procedures and the status of your appeal. The Clerk’s office will not give you legal advice. You can reach the Clerk’s office at 202-501-5970.  If you have a lawyer, then you should reach out to them for assistance.

If the Court believes your appeal has merit, it will usually remand – or send back – your case to the Board of Veterans’ Appeals for additional action. The Court itself rarely reverses a BVA decision. Instead, the BVA will review its original decision as directed by the Court. Even if the Court decides you are entitled to benefits, it won’t decide how much you are owed. That amount is determined by the VA and will require additional time.

Not necessarily. There may be basis for another appeal if you think the VA either did not award you all the money that you believe you should have received or did not grant the proper or complete rating.

That is up to you. You may find it helpful to have someone assist you with your remand. You may ask your lawyer if he/she will continue with your case. If he/she doesn’t, you may want to contact a veterans’ service organization (if you didn’t already have one that assisted with your claim previously). They might represent you or help you find a lawyer or a person with veterans’ law experience to assist.

If the Court rules against you, you or your lawyer can ask the Court to reconsider its decision. You have 21 days from the date of the Court’s decision to do this. If the Court rules against your request, you may be able to appeal to a higher court – the U.S. Court of Appeals for the Federal Circuit, but that Court has limited jurisdiction to review decisions.