When Veterans seek disability compensation from the Department of Veterans Affairs (VA), they often turn to County Veteran Service Officers (CVSOs) for assistance in filing their initial claims. CVSOs are dedicated advocates who play a crucial role in guiding Veterans through the complex claims process.
When a Veteran’s disability compensation claim is denied by the Board of Veterans Appeals (BVA), a branch of the VA that reviews decisions made by the Regional Offices, the next step is to appeal to the Court of Appeals for Veterans Claims (CAVC). The CAVC is a federal appeals court located in Washington, D.C., that exclusively reviews BVA decisions.
After a claim has been denied by the BVA, some CVSOs may advise Veterans to reopen their claim at the Regional Office level rather than encouraging an appeal to the CAVC. While reopening a claim may offer another opportunity for consideration, it can also have unintended consequences.
When a Veteran reopens a claim, the effective date of the claim is reset to the date of the request to reopen. This means that if the claim is ultimately successful, the Veteran may receive less in retroactive benefits compared to what they would have been entitled to had they appealed directly to the CAVC and preserved the original effective date.
To reopen a claim, the Veteran must provide new and relevant evidence. New evidence is information that was not previously before the VA. Relevant evidence is information that proves or disproves something in the claim. The VA may determine that the evidence submitted is not sufficient, resulting in a refusal to reopen the claim. This can further delay the process and prolong the Veteran’s wait for benefits.
Veterans have 120 days from the date of the Board of Veterans Appeals‘ denial to file an appeal with the CAVC, unless certain circumstances justify an extension through equitable tolling. It is important to note that only attorneys are authorized to practice law before the CAVC, which is where the assistance of experienced legal professionals becomes crucial.
CVSOs provide invaluable assistance in the initial stages of the claims process, helping Veterans file their claims and presenting their cases effectively. They are knowledgeable professionals who understand the intricacies of the VA disability claims process.
CVSOs help Veterans gather the necessary documentation, complete application forms, and submit their claims to the VA’s Regional Offices. They are well-versed in the eligibility criteria for various benefits and can help Veterans present their cases.
While CVSOs provide invaluable support throughout the claims process, there are situations where the skill and knowledge of experienced attorneys can make a significant difference in the outcome of a Veteran’s case.
Attorneys who focus on handling Veterans’ disability benefits claims, such as those at Berry Law, can help Veterans preserve the earlier effective date of their claim by filing an appeal directly with the CAVC. This strategic approach can potentially lead to a larger retroactive award if the appeal is successful, as the effective date of the original claim is maintained.
When a Veteran appeals a denied claim to the CAVC, the process begins with filing a Notice of Appeal within 120 days of the BVA’s decision. The Veteran’s attorney will then review the BVA decision and the Veteran’s claims file to identify any errors or issues that need to be addressed. This may involve conducting additional research, gathering new evidence, and consulting with medical experts to strengthen the Veteran’s case.
Once the attorney has prepared the necessary arguments and evidence, they will file a brief with the CAVC outlining the reasons why the BVA’s decision should be overturned or remanded for further consideration. The VA will then have an opportunity to respond to the Veteran’s brief, and the Veteran’s attorney may file a reply brief to address any new arguments raised by the VA.
The CAVC will review the briefs and the record of the case before issuing a decision. If the CAVC rules in favor of the Veteran, the case will be sent back to the BVA or the Regional Office for further action per the CAVC’s instructions.
One of the most critical tasks a lawyer can undertake for a Veteran is to help preserve the original date of their claim. When a Veteran files an appeal with the CAVC, the effective date of their claim remains the same as the date of the original claim filed with the VA. This is crucial because the effective date determines the amount of retroactive benefits a Veteran may be entitled to receive if their claim is ultimately granted.
Lawyers can help preserve the original claim date by ensuring that the Notice of Appeal is filed within the 120-day deadline and that any necessary extensions are requested on time. They can also help gather and submit any new evidence that may be relevant to the Veteran’s claim, while still maintaining the original effective date.
Berry Law is committed to assisting Veterans in their pursuit of disability compensation. The firm was founded by a Vietnam Veteran and many of its attorneys and legal staff are Veterans. They uniquely understand the challenges of pursuing disability benefits. When Veterans choose to work with the attorneys at Berry Law, they benefit from the firm’s extensive experience and dedication to protecting their rights.
Veterans whose disability compensation claims were denied by the BVA can reach out to Berry Law. Their experienced attorneys are ready to help navigate the appeals process, protect Veterans’ rights, and secure the benefits they deserve for their service to our nation.
Call the firm toll-free at 888-883-2483 or fill out our online contact form for a consultation. The firm represents Veterans in all 50 states, and their legal team is available 24/7 to answer questions and provide assistance.
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