Taking Your VA Claim to the US Court of Appeals for Veterans
Disable Veterans unhappy with the judgment made by the Board of Veterans Appeals (BVA) have the option to appeal their case for VA disability benefits to a unique federal appeals court. The U.S. Court of Appeals for Veterans Claims (CAVC) overhears Veteran appeals where they feel the decision was wrong. The Court hears cases nationwide and resides in Washington, D.C.
At this point Veterans are suing the U.S. Department of Veterans Affairs to get the benefits they deserve and reviews rather the BVA made a mistake in their decision.
U.S. Court of Appeals Veterans Claims
The U.S. Court of Appeals for Veterans Claims (CAVC) was created as a national court of record by congress in 1988. This court hears cases to see how the BVA applied related statutes and regulations to the VA benefits claim and observes arguments that may be in err by the BVA.
Appealing your case in front of the CAVC gives the Veteran a chance to argue the main points of their disability claim. Another great aspect of this is what happens with your claim may affect the way the VA addresses future disability claims.
Attorney Stephen Brodsky avidly works for and has a successful track record of helping Veterans receive their just due at the U.S. Court of Appeals for Veterans Claims. Mr. Brodsky is skilled in his ability to find Contact us for a free consultation (619) 231-2151
The Process of Appealing a Denial
If a Veterans feels the Board of Veterans Appeals decision was flawed, they have 120 day after the BVA sends its decision to rightfully request the Court of Appeals for Veterans Claims perform a judicial reevaluate their case. You will need to file a notice of appearance to pinpoint your attorney for CAVC appeal. The cases the CAVC hears are survivor benefits, reimbursement for unauthorized medical payments, disability benefits and education benefits.
The CAVC is a proper court where evidentiary and substantive law are rigorously enforced. Only if you have an existing claim will the CAVC judges review the case. Verbal arguments are requested by the court at times if the case has the intent to challenge the existing law.
The CAVC judges will pass down points of view that require the VA to comply with the CAVC’s decision, conclude the significance of the BVA’s ruling, or determine statutory, regulatory, and constitutional provisions of claims the BVA concluded. Upon evaluation the CAVC may choose to agree with the BVA’s ruling to reject the claim or instruct the BVA to amend their inaccuracy of law in the decision made.
The Veterans ability to provide powerful evidence plays a major role in order to receive a favorable outcome. The reason being is because the CAVC generally reviews the case exactly how it was presented to the BVA and requires sound legal reasoning to counter all arguments by the Secretary of Veterans Affairs, who is the Veterans opposition in an appeal. For this reason, it is important for Veterans to have an expert CAVC appeal attorney review claim file and develop an appeal to assist your case.
If this process results in a dissatisfactory decision, the Veteran may appeal to the U.S. Court of Appeals for the Federal Circuit. This is the Veterans final chance to have their case witnessed.
Work with Stephen Brodsky to Appeal to the CAVC
Veterans can count on Stephen Brodsky to appeal their disability claim determination to the U.S. Court of Appeals for Veterans Claims. Mr. Brodsky is experienced in working with Veterans that wish to enhance their VA monthly benefit, disability rating, or annul the rejection of a valid benefits claim. Stephen will identify the best way to appeal a BVA decision through comprehensive review of the claim file and making sure the Veteran’s personal needs are taken into full consideration.
Often times we will need to reach out to medical professionals such as doctors and psychologists with the necessary knowledge to look over any medical records. You rest assure that Stephen Brodsky Esq, fully understands VA regulations, rules and court decisions determining how disability benefits claims are ruled.