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Wesley Bjerring posted an update 7 years, 2 months ago
As a disabled veteran, did you know that you have the right 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 part of the VA. It is a national court produced to give disabled veterans the opportunity to seek an unbiased evaluation 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 decision to deny you the disability benefits you think 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-lawyer representative, has experience in appealing claims at the CAVA, and know how to formulate the best feasible arguments to help you win.Who Should 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 really cares about veterans and understands what they are going via.. The person you choose can be either an lawyer or a non-attorney who has been admitted to the bar and has an lawyer present while arguing your case at the CAVC.You ought to know that there is no cost for representation services 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 charges.Once you discover your legal representative, it will be his or her job to create a convincing argument in your defense. You can expect that the VA attorneys will be doing the same.When to File For A EvaluationYou have 120 days following the Board of Veterans Appeals has made 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’ 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 essential thing to know is you do not have to settle for a VA disability claim choice that you do not agree with. As a disabled veteran you have rights.Would certainly you like to know more about bva appeals, please visit our site.