IOP Screening Process
United States Court of Appeals for Veterans Claims
INTERNAL OPERATING PROCEDURES
I. SCREENING PROCESS
(a) Duties of the Central Legal Staff.
(1) After a Notice of Appeal is filed with the Clerk of the Court, the record on appeal transmitted, and the briefs submitted, the Public Office sends the case file to CLS, which provides an initial evaluation of the case and a memorandum recommending a particular disposition. The memorandum, briefs, record, and any other pertinent documents are sent to the screening judge for action.
(2) CLS is encouraged to hold conferences with the parties where to do so will promote efficient identification and resolution of the issues and the content of the record.
(b) Duties of the Screening Judge.
(1) Under 38 U.S.C. § 7254(b), the Court may hear cases by judges sitting alone, in panels, or en banc, as determined by the standards and procedures of the Court.
(2) A case is assigned for screening to the motions judge on that case or, if there is none, on a rotational basis according to a roster managed by the Clerk.
(3) Screening judges review cases and decide how a particular case will be set for the calendar. A case may be calendared by the screening judge for single-judge or panel disposition. Calendaring instructions are sent to the Clerk for entry into the calendar when the judge has made a decision. A request that the case be reviewed en banc may also be made by the screening judge at this time and referred to the Clerk for consideration by the other judges.
(4) If the screening judge determines that a case is appropriate for single-judge disposition, the screening judge assumes responsibility for the decision.
(5) If the screening judge determines that the case is appropriate for panel consideration, the judge requests that the Clerk create a panel composed of the screening judge and two additional judges.
