-
Wesley Bjerring posted an update 7 years, 2 months ago
As a disabled veteran, did you know that you have the correct to fight back if the Department 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 produced to give disabled veterans the opportunity to seek an unbiased review of their case after they have been denied at the Board of Veterans Appeals. This is the location 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 think you deserve.It is strongly advised that if you select to take your case to the CAVC, you ought to get legal representation to assist you. Why? Simply because a VA disability attorney, or non-lawyer representative, has encounter in attractive claims at the CAVA, and know how to formulate the best feasible arguments to assist you win.Who Ought to Legally Represent You?You will want to make sure that you get a legal representative who is not only savvy about veterans disability and VA law, but is also somebody who truly cares about veterans and understands what they are going via.. The individual you choose can be either an attorney or a non-attorney who has been admitted to the bar and has an attorney present while arguing your case at the CAVC.You should know that there is no cost for representation services at the CAVC. This is simply because of the Equal Access to Justice Act (EAJA), which requires that the federal government take responsibility for paying your legal fees.Once you find your legal representative, it will be his or her task to create a convincing argument in your defense. You can expect that the VA attorneys will be performing the exact same.When to File For A ReviewYou 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 CourtFollowing arguments from each sides have been heard, the CAVC will decide your appeal. The CAVC could reverse the Board of Veterans Appeals’ decision, in which case you’ll get your advantages. Or they could request that your claim be sent back to the Board of Veterans Appeals for reconsideration.The important factor to know is you do not have to settle for a VA disability claim decision that you do not agree with. As a disabled veteran you have rights.Get in touch today to learn even more regarding best way to appeal a VA disability claim.