BREAKING NEWS! Court Confirms: Your VA Appeals at CAVC Won't Stop During Shutdown ⚖️
On October 22, 2025, the United States Court of Appeals for Veterans Claims issued a decisive order that protects veterans' rights during the current funding lapse. The Court denied the VA Secretary's motion to stay proceedings, ensuring that veterans' appeals move forward despite the government shutdown.
The VA Secretary requested a broad stay of all cases with filing deadlines on or after October 29, 2025. The motion cited the Antideficiency Act and argued that most attorneys in the Court of Appeals for Veterans Claims Litigation Group would be furloughed without pay. The Secretary sought to pause nearly every case before the Court until appropriations are restored.
The Court rejected this request. In its order, the CAVC made clear that judicial review of veterans benefits cases is an "excepted function" that continues regardless of appropriations lapses. The Court noted that the VA itself designated Board of Veterans' Appeals decisions as excepted functions, directing the BVA to continue deciding veterans' cases during the shutdown.
This decision has significant implications for veterans pursuing appeals. All cases will continue to be processed according to the Court's Rules of Practice and Procedure. All filing deadlines remain in effect. Veterans and their representatives must continue to meet established deadlines or risk losing their appeals.
The timing matters enormously. Veterans have exactly 120 days from the date a BVA decision was mailed to file a Notice of Appeal with the CAVC. Missing this deadline means losing the opportunity to pursue judicial review. The Court's order ensures that this critical window remains open during the shutdown.
The Court acknowledged the challenges presented by the funding lapse. The denial was issued "without prejudice," meaning the Secretary may refile the motion if circumstances change. Additionally, the VA indicated that if required to meet filing deadlines, the Secretary would "make every effort to ensure that sufficient OGC staff are available, notwithstanding any lapse of funding, to satisfy VA pleading requirements".
For veterans navigating the appeals process, this order provides certainty during uncertain times. Your case deadlines remain enforceable. Your right to judicial review continues. The Court has affirmed that veterans' access to justice cannot be paused by budget disputes in Washington.
Veterans should take specific action steps. First, continue monitoring all filing deadlines in your case. Second, maintain regular communication with your representative or attorney. Third, prepare and submit required briefs and pleadings on schedule.
The CAVC processes thousands of appeals annually. These cases often involve complex legal questions about service connection, disability ratings, and effective dates. Each case represents years of waiting and significant financial implications for the veteran and their family.
While the shutdown affects many VA operations, the Court has drawn a clear line. Veterans' appeals at the CAVC will not be delayed by appropriations disputes. This protection recognizes the fundamental principle that those who served our nation deserve timely access to the benefits system and judicial review.
If you have a pending appeal at the CAVC or anticipate filing one soon, do not assume deadlines will be extended. Consult with an experienced veterans benefits attorney who can guide you through this process and ensure your rights remain protected during this challenging period. ⚖️🇺🇸