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Okay I have some questions Regarding the differences of the BVA CAVC and Supreme court Appeals....
Does the BVA determine or review the constitutionality of appeals based on due process?
In non veteran courts they review Constitutional appeals in a strict manor, does this hold true for the BVA?
If not how does the BVA respond regarding jurisdiction and appeals concerning due process?
Does the CAVC review decisions regarding the BVA before they become final?
If title 38 CFR doesn't coincide with United States Code how does the BVA address this?
What other recourse does a veteran have at their disposal if their due process rights have been violated?
Thanks for your help and consideration,
USC trumps CFR.
I would search the BVA and CAVC sites for topic matter. Jurisdiction wise, its a ladder. I would start by reading the info about rules and procedures from each court.
I know about the USC trumping CFR but unfortunately just had a hearing with the BVA and brought up and read the usc statute showing the Department of veteran affairs violated my due process rights. I'm unsure how or if the BVA can address this if they have jurisdiction or if it will have to be appealed to he cva instead....
You probably should speak to one.
Jurisdiction simply gives the court the ability to make a decision on the case. For example: if you are pursuing a case concerning the 14th amendment you would have to take the case up with the state judicial system. If you pursue a case concerning the 5th amendment only a federal court would have jurisdiction. What confuses me is whether or not the BVA is an actual court or not. If it is a board what authority do they have to redress constitutional rights and are they bound by all of united states code or just specific portions of united states code. I'm not seeing a clear division on what they can or cannot make a decision on. That is the issue at large...
Any idea from the moderators? or possibly Carlie?
It would appear that Mr. Sox is asking to be educated in the operation and doings of the BVA, the Federal Circuit as well as the Supreme Court. That's a mighty tall order for any one of us to explain in a lifetime. I suggest perusing Part 19 and 20 of 38 CFR to get a brief education. 5 USC would help re due process. Law is a complex area. Suffice it to say in a nutshell that the BVA is the "trier of fact" and deals specifically with evidence and rule of law. The CAVC, Fed. Circuit and the Supreme Court deal only with the legality of the decision-not the facts- unless reasonable minds can agree an error has been committed (CUE). BVA judges are legally authorized to hear any appeals regarding VHA medical complaints, VR&E decisions and of course, VBA claims for compensation. They are not allowed to decide anything that has not been properly appealed from the Agency of Original Jurisdiction below.
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