U.S. Court of Appeals for VA Claims Lawyer

Lawyer Helping Veterans With Court of Appeals for Veterans Claims in The U.S.

For many veterans, disability benefits through the Department of Veterans Affairs (VA) are essential. Because service-connected disabilities can affect nearly every aspect of a veteran's life, VA benefits can provide them with much-needed assistance to ensure that they will be able to cover ongoing expenses for themselves and their families. However, veterans may sometimes struggle to receive the proper benefits, and when disability claims are denied, they have options for appealing these decisions.

Veterans who are denied disability benefits by the Board of Veterans Appeals (BVA) have the right to file an appeal with the Court of Appeals for Veterans Claims (CAVC). The CAVC is an independent federal court that reviews and evaluates appeals from veterans in order to ensure fair and accurate outcomes. At The Vet Law Office, we provide representation for veterans in these types of appeals. We can walk you through the process of pursuing an appeal, which will typically include the following steps:

Notice of Appeal

The first step in appealing a decision made by the VA is filing a Notice of Appeal with the CAVC within 120 days after receiving notice of a final Board of Veterans' Appeals decision. This notice should be submitted in writing, and it must include information such as contact details, relevant dates, and specific issues being appealed. A Notice of Appeal form is available on the Court's website.

Record Before the Agency

After filing a Notice of Appeal, a veteran will receive a copy of their administrative record, known as the Record Before the Agency (RBA). The record includes all documents related to their claim, such as medical records, service records, and previous decisions made by the VA and the Board of Veterans Appeals. Once received, this record becomes part of the official case file reviewed by CAVC judges. If there are any documents missing from the RBA, a motion to dispute the RBA must be filed within 14 days after the receipt of the record.

Appellant's Brief

After receiving notice from the court, the veteran must file an appellant's brief within 60 days. This brief is a written document prepared by a veterans' legal representative outlining arguments supporting their appeal. It should clearly present legal analysis along with citations to relevant statutes and precedents. The brief offers an opportunity for the appellant to explain why they believe errors were made during previous proceedings. However, the CAVC cannot review any new evidence that could potentially affect a claim; it will only review the facts of the case to determine whether previous decisions were erroneous.

Secretary's Brief

The Secretary's brief is prepared by attorneys representing the VA. It presents arguments and supporting evidence in defense of the VA's decision. This document reflects the position of the Secretary of Veterans Affairs, who is responsible for handling appeals on behalf of the government. This brief must be filed within 60 days after the appellant's brief was filed. If necessary, the appellant can file a reply brief responding to the Secretary's brief.

Record of Proceedings

Within 14 days after the reply brief is filed, the Secretary will provide the appellant with a Record of Proceedings. This record contains all relevant documents related to the case, and it serves as an important reference for judges during their review process. The record includes items such as pleadings, motions, briefs submitted by both parties, transcripts from oral hearings if any took place, and other relevant materials. If there are any documents missing from the record, the appellant may file a motion to dispute the Record of Proceedings, and they will have 14 days to do so.

Judge's Decision

After reviewing all briefs and examining the relevant records, a judge or panel of judges will make a decision based on the applicable laws, regulations, and precedents. Judges will carefully consider all arguments presented by the appellant and the Secretary before issuing a written opinion outlining their findings. A decision may affirm the decision made by the BVA (in whole or in part), or it may reverse or vacate the original decision and/or remand the case to be addressed by the BVA or a regional VA office.

Motions for Reconsideration

If the appellant disagrees with the CAVC's decision or believes that an error was made in legal interpretation or factual findings, they can file a motion for reconsideration. This motion must be filed within 21 days after receiving the notice of judgment from the CAVC.

Further Appeals in U.S. Courts

A judgment will officially be entered 21 days after the decision is issued. If the appellant disagrees with the decisions made by the CAVC, they can file an appeal in federal court, and they will have 60 days to do so. If necessary, the decisions made in the U.S. Court of Appeals can be further appealed to the U.S. Supreme Court.

Contact Our U.S. Court of Appeals for Veterans Claims Attorney

If your VA disability claim has been denied, and you believe that the decisions made by the Board of Veterans Appeals were incorrect, The Vet Law Office can help you appeal your case to the Court of Appeals for Veterans Claims. Our experienced attorney focuses on representing veterans in these types of cases and ensuring that they receive the proper benefits. We will provide comprehensive support while helping you navigate through complex legal procedures. For dedicated legal assistance with VA disability claims and appeals, contact us at 1-800-700-4174 and schedule a consultation.