For Veterans who have received an unfavorable decision from the Board of Veterans’ Appeals (Board) about their Veterans Administration (VA) disability benefits, the journey is not over. Veterans have the right to appeal the Board’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC). The CAVC is an independent federal court that reviews decisions made by the Board and determines whether legal errors were made in the process.
When a Veteran receives a decision from the Board that denies or fails to grant the full potential benefits, they have 120 days to file an appeal with the CAVC. It is crucial to meet this deadline and submit the required notice of appeal along with the appropriate filing fees or a request for a fee waiver. Failure to do so will result in the Board’s decision becoming final and unappealable at the CAVC.
Although the CAVC is located in Washington, D.C., its jurisdiction extends to cases originating from all 50 states.
The CAVC is staffed by judges who have been nominated by the President and confirmed by the Senate. In most cases, a single judge will preside over the proceedings and render a decision.
However, there are instances where a panel consisting of three judges or an “en banc” panel comprising nine judges is necessary to arrive at a ruling. From time to time, the Court may also call upon retired judges to serve as senior judges or to contribute to the decision-making process.
When appealing to the CAVC, Veterans must understand that the arguments presented are limited to errors of law made by the Board judge. This means that no additional evidence, such as medical records or testimony, can be submitted to the court following the date of the Board’s decision. The CAVC’s review is based entirely on the record that was available to the Board at the time of its decision.
When a Veteran appeals a Board decision to the CAVC, the VA assigns an attorney from the Office of General Counsel (OGC) to represent the agency before the court. The OGC attorney’s role is to argue that the VA did not erroneously decide the Veteran’s claims and that the Board’s decision should be upheld. These attorneys are experienced in practicing at the CAVC and specialize in defending the VA’s decisions.
Given the complicated nature of the proceedings at the CAVC, it is in a Veteran’s best interest to retain legal counsel experienced in handling appeals at court. Unlike the VA claims process, where the VA has a duty to assist the Veteran, the CAVC proceedings are more formal and complex.
The experienced VA attorney assigned by the OGC will be working diligently to defend the Board’s decision to deny the Veteran’s benefits. To level the playing field, Veterans should have an equally experienced attorney representing their interests.
At Berry Law, our attorneys who practice VA law are experienced in representing Veterans at the CAVC. We have a proven track record of success, having represented thousands of Veterans at the CAVC. Our legal team has recovered more than $100 million in due back pay for injuries suffered in service. Our team is dedicated to fighting for the rights of Veterans and ensuring they receive the benefits they deserve.
Many Veterans may be concerned about the cost of hiring an attorney to represent them at the CAVC. However, at Berry Law, we do not charge Veterans a fee for representation at the CAVC. Under the Equal Access for Justice Act (EAJA), if an appeal of a Board decision to the CAVC results in a victory for the Veteran, our attorneys will bill the United States government for our attorney fees, not the Veteran.
Some of the most common legal errors that may be grounds for an appeal to the CAVC include:
It is crucial for Veterans to be aware of the strict deadlines associated with appealing to the CAVC. The 120-day deadline for filing a notice of appeal is a hard deadline, and failure to meet it will result in the Board’s decision becoming final. Additionally, there are other deadlines throughout the appeals process, such as those for filing briefs and responses. An experienced attorney can help ensure that all deadlines are met and that the case progresses smoothly.
Appealing to the CAVC can be a lengthy process, and Veterans need to remain patient and persistent throughout the journey. The CAVC’s docket is often backlogged, and it may take several months or even years for a decision to be issued. However, with the help of an experienced attorney, Veterans can feel confident that their case is being handled properly and that every effort is being made to secure a favorable outcome.
For Veterans who have been denied the VA disability benefits they deserve, appealing to the CAVC can be a complex and daunting process. However, with the help of an experienced Veterans’ rights attorney, such as those at Berry Law, Veterans can navigate the appeals process with confidence and increase their chances of success.
If the Board of Veterans’ Appeals did not provide an unfavorable decision, do not hesitate to contact Berry Law. Our team is here to fight for Veterans’ rights and ensure that they receive the benefits they have earned through their service to our country. Many of our lawyers and legal team are also Veterans, so they understand the challenges of navigating VA disability claims and appeals.
Contact Berry Law today at (888) 883-2483 for a free consultation or fill out our online contact form to speak with a Veterans disability lawyer. Our legal team is available 24/7 to answer questions and provide assistance. The firm represents Veterans in all 50 states.
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