Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Jurrisdiction Questions

Rate this question


sox

Question

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,

Sox

 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator

Yes, the BVA can review "due process" issues.  The difference is that BVA judges opinions can be over ruled on several levels.  US Supreme Court interpretations, however, can not be over ruled. 

If you feel you have been denied due process at some stage, by all means bring up that issue to BVA.  If you dont bring the issue up at the BVA level, you can not bring that issue  to the CAVC, because the CAVC can only review evidence in the RBA, which was also before the BVA.  

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use