It is common for an application for disability benefits to be denied regionally and at the Board of Veterans’ Appeals (BVA). If you choose to appeal the BVA’s decision, the next step is to appeal the decision to the United States Court of Appeals for Veterans Claims (USCAVC) in Washington, D.C.
Appeals at the Federal Level
At this stage, the appeal is no longer an administrative process, but an adversarial one that is handled outside of the Veterans Affairs (VA) system. Instead of the VA deciding the case, federal judges will make the decision.
In general, claims that proceed to this level are appealed because of a legal error made by the BVA. The USCAVC will primarily review the claim to determine whether the VA followed the rules when deciding the claim. If relevant statutes and regulations were incorrectly applied in the determination of the claim, the USCAVC may remand the claim to the BVA for further consideration. In some situations, the USCAVC may affirm the BVA’s decision on some of the claims and remand others.
Appealing a USCAVC Decision
Should the USCAVC decision be appealed, the next step is the United States Court of Appeals for the Federal Circuit. A claim may be appealed further to the United States Supreme Court; these instances are extremely rare.
The Berry Law Firm can represent you before the USCAVC and at all stages of the appeals process. For a free consultation, please call (888) 883-2483 or contact us online. We represent veterans nationwide.