Appealing Your VA Disability Claim at the CAVC

As a disabled veteran, did you know that you have the correct to fight back if the Division 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 opportunity to seek an unbiased evaluation of their case following they have been denied at the Board of Veterans Appeals. This is the place 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 expect that the VA will defend their choice 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 ought to get legal representation to help you. Why? Because a VA disability attorney, or non-attorney representative, has encounter 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 certain that you get a legal representative who is not only savvy about veterans disability and VA law, but is also someone who truly cares about veterans and understands what they are going via.. The person 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 should know that there is no price for representation solutions at the CAVC. This is because of the Equal Access to Justice Act (EAJA), which demands that the federal government take responsibility 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 anticipate that the VA attorneys will be doing the exact same.

When to File For A Evaluation

You have 120 days after 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

After arguments from both sides have been heard, the CAVC will decide your appeal. The CAVC could reverse the Board of Veterans Appeals' choice, in which case you'll get your benefits. 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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