Appeal Process Of The Court Of Appeals For Veterans Claims
If a Veteran is denied disability benefits by the Board of Veterans Appeals (BVA), a Notice of Appeal to the Court of Appeals for Veterans Claims (CAVC) must be filed within 120 days of the Denial. It is important that a Veteran seek legal assistance to avoid improper or untimely filing of an appeal to the Court of Appeals for Veterans Claims.
Once the Notice of Appeal is properly filed, the Veterans Administration must provide the Veteran, with the Record Before the Agency (RBA). This Record (RBA) should legally be the entire record of all administrative forms, agency determinations and medical records, in connection with the Veteran's pending case. A trained attorney can review the Record (RBA) to make certain that critical documents have not been omitted.
In order to resolve cases efficiently and swiftly, the CAVC compels the parties to attend a Briefing Conference. The Briefing Conference is an informal telephone conference, during which the 3 attorneys, respectively for the Veteran, the CAVC Staff Attorney and Government VA Attorney, discuss all legal and factual issues. Many cases are resolved by agreement at the Briefing Conference.
When the parties cannot agree to voluntarily resolve the Veteran's case, the CAVC next requires both the Veteran and the VA to file Legal Briefs. A legal brief is a detailed legal analysis of the factual and legal issues in the case. A trained attorney will research applicable legal precedent from the CAVC and integrate the law with the facts of the Veteran's individualized set of issues.
Occasionally, the CAVC asks the attorneys to appear at the Court in Washington, D.C., for Oral Argument. This would be a live hearing before the Judges of the CAVC, allowing them to question the attorneys in great detail about the Veteran's case.
Once the CAVC Judges makes a decision on the case, a Judgment is issued, which becomes a Mandate. These documents become binding on the Veterans Administration.
A prevailing Veteran Attorney may petition the Court for payment of Attorney Fees and Costs, under the Equal Access to Justice Act.
Veterans Disability Appeal Attorney and Lawyer, Randy Zeldin, Esq. is proud to be a member of the Court of Appeals for Veterans Claims and represents Veterans in appeals throughout the 50 States. Randy Zeldin, Esq. represents all Veterans before the Court of Appeals for Veterans Claims on a pro bono (no attorney fee) basis.
Contact us online or call (561) 613-0101 today for a free and confidential consultation!