On January 23rd, President Trump announced that he will nominate Joseph L. Falvey, Jr. (“Falvey”) to fill the last seat on the Court of Appeals for Veterans’ Claims (“CAVC”). We eagerly await his confirmation and the opportunity to bring our clients’ cases before a full bench.
What Experience Will Falvey Bring to the CAVC?
Falvey is a veteran as well as an experienced attorney. As a Marine, he served in the Legal Support Section, taking the role of prosecutor, defense counsel, or judge in over 300 trials. As a civilian, he worked as an Assistant United States Attorney, taught at two Michigan law schools, and currently works as District Counsel for the United States Army Corps of Engineers. He has a J.D. from Notre Dame and an LL.M. from the Judge Advocate General’s School of the Army.
Why is Falvey’s Nomination Important?
Falvey’s nomination is important because it shows that the President is prioritizing the CAVC – an institution that often serves as the last stop for veterans who have had their well-deserved disability benefits denied by their Regional Office (“RO”) and the Board of Veterans’ Appeals (“the Board”).
While, in a perfect world, the process of applying for disability benefits would be easy and fair, that simply isn’t the case. In fact, so many people are given incorrect determinations by their RO that the Board reviews roughly 36,000 cases every year. Further, when Board decisions are appealed to the CAVC, the court finds the Board errored over 70% of the time. That is a huge error rate, and it implies that veterans should never stop fighting based on an RO or Board decision alone. The CAVC is a critical last stop.
How To Bring Your Case Before the Court of Appeals for Veterans' Claims
If you are a veteran with a service-connected disability, we encourage you to apply for disability benefits through your RO right away. This is the first step for all veterans seeking benefits.
If you have already applied and you received either a denial or an unacceptable rating decision, it may be time to file an appeal. While the process of appealing can feel overwhelming, hiring an experienced Veterans’ Law attorney to guide you can make the experience manageable and significantly increase your odds of winning at the Board or the CAVC. When you are ready, send us a note or give us a call at (877) 629-1712 to discuss your claim.