Attractive Your VA Disability Claim at the CAVC
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 chance to seek an unbiased review of their case after they have been denied at the Board of Veterans Appeals. This is the place to go to if you want to present your factors for why you deserve the disability compensation that has been denied to you.
Likewise, if you take your case to the CAVC, you can anticipate that the VA will defend their decision 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 assist you. Why? Because a VA disability attorney, or non-attorney representative, has experience 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 lawyer or a non-attorney who has been admitted to the bar and has an lawyer present whilst arguing your case at the CAVC.
You should know that there is no cost for representation solutions at the CAVC. This is because of the Equal Access to Justice Act (EAJA), which requires that the federal government take duty 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 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 Occur at Court
Following arguments from both sides have been heard, the CAVC will decide your appeal. The CAVC could reverse the Board of Veterans Appeals' decision, in which case you will get your benefits. 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 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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