Why It Matters

Veterans who believe the Department of Veterans Affairs wrongly denied their benefits have one place to take that fight: the U.S. Court of Appeals for Veterans Claims (CAVC). A new report from the Congressional Research Service (CRS), Congress's nonpartisan research arm, takes a close look at how that court is structured, staffed, and handling its caseload. [](#ngr-34dc25d5-9bc5-4399-b7a3-b16186672757)

Congress created the court in 1988 to give veterans an independent judicial check on VA decisions. Today, the court is running with seven active judges and three empty seats, with four nominees waiting for Senate confirmation.

Why Does it Matter to Me?

If you're a veteran, a surviving spouse, or a dependent who was denied VA benefits, the CAVC is your last formal option before the federal court system. The court handles appeals from the Board of Veterans' Appeals, the VA's internal review body.

In fiscal year 2025, it received 10,449 appeals and 255 petitions. More than 80 percent of those appeals were resolved through mediation by court staff, never reaching a judge, and more than 87 percent of cases were closed by clerk's orders rather than full judicial rulings.

Both Sides, Now

Several bills introduced in the current Congress would expand the court's reach. Right now, the CAVC can only include veterans in class-action cases if they already have a final, appealable decision from the Board of Veterans' Appeals. The proposed changes would allow veterans without that final decision to join class actions, which supporters say could help more claimants get relief faster.

Critics of expanding class-action access have raised concerns about the court's jurisdiction and whether it has the institutional tools to manage a broader pool of claimants. The CRS report notes that the constitutionality of the rules protecting judges from removal is also uncertain, following a recent Supreme Court ruling in Trump v. Seila Law, adding a layer of legal ambiguity to the court's independence.

The report also notes that the court uses retired judges in a recall status to manage its workload. As of the report's publication, 10 retired judges were eligible to be called back and three were actively serving in that capacity.

What Happens Next?

The three vacant judgeships and four pending nominees are now in the Senate's hands. Confirmation hearings would need to be scheduled before any of those nominees can join the bench.

Congress is also watching several bills that would change the court's class-action rules. For any of those measures to take effect, they would need to pass both chambers and be signed into law. No vote dates have been announced.

---

This article was generated by AI pulling from data. Each article is edited by an editor for accuracy and clarity.

---

Spot something wrong? Report an issue with this article