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In an annual report recently released by the Court of Appeals for Veterans Claims (CAVC), the following statistics are noteworthy:

For Fiscal Year 2010:

* 4153 appeals filed with the Court of Appeals for Veterans Claims (CAVC) in FY 2010.

* In FY 2010, the Court of Appeals for Veterans Claims (CAVC) took the following actions on 4,959 appeals:

BVA or AOJ action affirmed:  741  (15%)

BVA/AOJ action affirmed in part, &  reversed/vacated/remanded in part:  832 (17%)

BVA/AOJ action reversed/vacated/remanded in part: 560 (11%)

BVA/AOJ action remanded: 1670 (34%)

[Note: At least for FY 2010, a Veteran was twice as likely to get his/her appeal remanded to the BVA or AOJ than to have the BVA/AOJ’s decision affirmed.  Comparing this number to the prior years, it appears that this gap is closing – meaning the CAVC is remanding less or {gasp!} the BVA is issuing more legally viable decision.]

Dismissed for lack of jurisdiciton: 456 (9%)

Dismissed for default: 378 (8%)

Dismissed voluntarily: 322 (6%)

Also noteworthy, the Court granted ZERO petitions for extraordinary relief (usually involving writs related to delays in claims processing, etc). The Court denied 95 petitions, and dismissed 35 petitions.

Average processing time for the court as a whole (from appeal to disposition): 282 days, or 9.4 months

Median time from Petition to Disposition for the court as a whole: 57 days (1.9 months)

[*NOTE: The large disparity between the Average and Median disposition times for the CAVC as a whole suggest that it is likely that a small number of cases that took a long time to decide made it look like it generally takes the court longer to issue decisions as a pattern.  The median can be, very generally, the better statistic measure since it takes the extremes out of the picture.  Regardless, large variations between an average and a median suggest that there may be a lack of consistency in disposition time – although this may not really be a bad thing].

Median time from completion of briefing by Parties to Disposition by Court: 231 days (7.7 months)

Number of oral arguments before the Court: 23 (46 scheduled, 23 settled)

The Attig Law Firm represents U.S. Veterans who have been denied  benefits in their VA Disability claims for compensation due to injuries or diseases incurred during military service.

The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the VA disability claim process (VA Regional OfficeBoard of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.


No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.


It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appealscontact the Attig Law Firm, PLLC, for a free consultation with a VA Disability attorney.

VA Disability attorneys at the Attig Law Firm, PLLC, represent Veterans in their  VA Disability Claims not only in Texas, Arkansas, Oklahoma, but in VA Disability Claims all around the United States, Puerto Rico, and even overseas Veterans in their claims for disability compensation from the Department of Veterans Affairs.

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