Court of veterans appeals panel

[TANKERJOE0]

My appeal to the veterans court in Washington DC has recently been assigned to a panel for a decision. It was initially assigned to a judge now it's been ordered to a panel?  What does this mean for my case? Will this now be much longer of a wait? Is it a good sign or a bad sign? Any insight would be greatly appreciated. 

Thanks 

Joe 

[VetlawUS]

This could mean a few things.  

Most CAVC decisions are decided by a "single judge", but in rare cases they are decided by a panel.  A panel is 3 judges selected by, I believe, the Chief of the Court (currently Judge Davis).

 Typically, a party moves for a panel decision when a) they are denied by a single judge or b) they have an issue that they think is better done by a panel (see below).

Judges can also "sua sponte" - meaning on their own motion, not from a party - send a case to a panel. Here are the reasons why that might happen:

1) Decision would establish a new rule of law;

2) Decision would modify or clarify an existing rule of law;

3) Decision would apply established law to a novel fact situation;

4) Decision would constitute the only recent, binding precedent on a particular point of law;

5) Decision would involve a legal issue of continuing public interest; or

6) Decision which would resolve a case in which the outcome is reasonably debatable.

If you tell me your docket number at the CAVC, I am happy to take a look and give you my best guess as to why it's going to a panel. 

 

If you are interested, here is a post that explains single judge and panel decisions from my Veterans Law Blog:

https://www.veteranslawblog.org/court-of-appeals-for-veterans-claims-law/

Edited May 10, 2017 by VetlawUS

[Vync]

Great info from Mr.Attig.

Good luck on your case TankerJoe!

[MikeR]

Could very well mean they are attempting to avoid a showdown with the BVA, which is comprised of petulant 3rd graders.

[VetlawUS]

Joe,

I've looked at this case for several days, and there are a lot of reasons that it could be going to a panel.

The appeal raises issues that the Court has not yet confronted or is developing law around - attorney as a witness, value/weight of treatise evidence in the context of reopened claims, and it could just be because there is a reasonable debate as to the outcome.  

Finally, there are a couple issues neither side briefed that the court may be considering.  

I don't want to speculate any more than that since you are rep'd by an attorney and I don't want to interfere with his relationship with you or his plan/strategy. 

In many cases like this, but not always, the Court might send out an order to the parties to brief additional issues or to answer discrete legal questions not fleshed out by the parties. 

I wish I could give you a more definitive answer, but that would involve a "crystal ball" into the judge's thinking....which may become apparent later.

Please let your attorney know that, if he gets such an order, I would be happy to talk with him about it.

Chris