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 produced to give disabled veterans the chance to seek an unbiased review of their case following they have been denied at the Board of Veterans Appeals. This is the location to go to if you want to present your reasons for why you deserve the disability compensation that has been denied to you.
Likewise, if you take your case to the CAVC, you can anticipate that the VA will defend their decision to deny you the disability benefits you believe you deserve.
It is strongly advised that if you choose to take your case to the CAVC, you should get legal representation to assist you. Why? Because a VA disability attorney, or non-attorney representative, has experience in appealing claims at the CAVA, and know how to formulate the very best possible arguments to assist you win.
Who Ought to Legally Represent You?
You will want to make sure 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 via.. The individual you select can be either an lawyer or a non-lawyer who has been admitted to the bar and has an lawyer present while 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 charges.
As soon as you find your legal representative, it will be his or her task to develop a convincing argument in your defense. You can expect that the VA attorneys will be performing the exact same.
When to File For A Review
You have 120 days following the Board of Veterans Appeals has produced their final decision about your case to file a Notice of Appeal with the CAVC.
What Could Happen at Court
Following arguments from each sides have been heard, the CAVC will determine your appeal. The CAVC could reverse the Board of Veterans Appeals’ decision, in which case you will get your benefits. Or they could request that your claim be sent back to the Board of Veterans Appeals for reconsideration.
The important factor 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.
This is how bva appeals could be utilised for your benefit.