Appealing Your VA Disability Claim at the CAVC

As a disabled veteran, did you know that you have the right to fight back if the Department of Veterans Affairs (VA) denies your disability claim at the final level of your appeal? You can take your case to the United States Court of Appeals for Veterans Claims (CAVC) in Washington, D.C.

What is the CAVC?

The CAVC is not component of the VA. It is a national court created to give disabled veterans the chance to seek an unbiased review of their case after they have been denied at the Board of Veterans Appeals. This is the place to go to if you want to present your factors for why you deserve the disability compensation that has been denied to you.

Likewise, if you take your case to the CAVC, you can expect that the VA will defend their decision to deny you the disability benefits you think you deserve.

It is strongly advised that if you choose to take your case to the CAVC, you should get legal representation to help you. Why? Simply because a VA disability attorney, or non-lawyer representative, has encounter in appealing claims at the CAVA, and know how to formulate the very best possible arguments to assist you win.

Who Should Legally Represent You?

You will want to make certain that you get a legal representative who is not only savvy about veterans disability and VA law, but is also someone who really cares about veterans and understands what they are going through.. The individual you choose can be either an lawyer or a non-attorney who has been admitted to the bar and has an lawyer present whilst arguing your case at the CAVC.

You ought to know that there is no cost for representation services at the CAVC. This is because of the Equal Access to Justice Act (EAJA), which demands that the federal government take duty for paying your legal fees.

Once you find your legal representative, it will be his or her job to create a convincing argument in your defense. You can expect that the VA attorneys will be performing the same.

When to File For A Evaluation

You have 120 days following the Board of Veterans Appeals has made their final choice about your case to file a Notice of Appeal with the CAVC.

What Could Occur at Court

Following arguments from each sides have been heard, the CAVC will decide your appeal. The CAVC could reverse the Board of Veterans Appeals' decision, in which case you'll get your advantages. Or they could request that your claim be sent back to the Board of Veterans Appeals for reconsideration.

The important thing to know is you don't have to settle for a VA disability claim choice that you do not agree with. As a disabled veteran you have rights.

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