Having your VA claim denied can feel like a punch to the gut, but remember – it’s not the end of the road. Rejections can be appealed, and often, they should be. At Werner, Hoffman, Greig & Garcia, we’ve got the grit and determination to stand up against wrongful denials.
Our attorneys are seasoned in handling VA appeals, and we understand the VA’s reasons for denial. We’ll dig deep into the details of your claim, construct a compelling appeal, and passionately advocate on your behalf. We won’t rest until you receive the benefits you’ve fought for and deserve.
Don’t let a denial letter knock you down. Stand up and fight back with the Boca Raton veterans disability benefits attorneys of Werner, Hoffman, Greig & Garcia by your side. Reach out to our team to schedule a free consultation by calling 561-320-8285 or filling out a contact form.
Understanding VA Appeals for Veterans Disability Claims
When a veteran’s initial VA disability claim is denied, they have the right to appeal the decision. This process involves providing additional evidence or arguments to challenge the VA’s assessment.
Common Reasons for a Denied VA Claim
Unfortunately, the VA denies a large number of claims every year. Some possible reasons include:
- Insufficient Evidence: The VA may require additional medical records or other documentation to support the claim.
- Disagreement with the Severity Rating: The veteran may believe their disability is more severe than the VA has assessed. They may want to increase their rating or reverse a rating reduction.
- Failure to Meet Eligibility Criteria: The VA may determine that the veteran does not meet the specific eligibility requirements for benefits.
Addressing the reasons for the denied claim is crucial for a successful appeal. An experienced VA appeals lawyer can help you make sure your updated claim is strong.
The VA Appeals Process
The VA appeals process involves several stages, including:
- Informal Appeal: This is a less formal process that involves submitting additional evidence or requesting a reconsideration of the previous decision.
- Supplemental Claim: A supplemental claim allows the veteran to submit new evidence. Vets can also provide arguments that the VA has not previously considered.
- Board of Veterans Appeals (BVA): If the informal appeal or supplemental claim is unsuccessful, the veteran can appeal to the BVA, an independent appellate body.
- Court of Appeals for Veterans Claims (CAVC): If the BVA denies the appeal, the veteran can further appeal to the CAVC.
- Federal Circuit: In some cases, the veteran may be able to appeal to the Federal Circuit.
As many veterans already know, the VA appeals process can be very complicated, particularly for BVA and CAVC claims. It’s a good idea to work with an experienced VA disability claims lawyer who can help you successfully navigate the system.
What Is the CAVC?
The Court of Appeals for Veterans Claims (CAVC) is a federal court dedicated to reviewing decisions made by the Board of Veterans’ Appeals (BVA). This specialized court ensures that veterans receive fair treatment and that their claims are judged according to the law.
By focusing on veterans’ benefits disputes, the CAVC plays a critical role in safeguarding veterans’ rights and ensuring accountability within the VA claims process.
What Is the CAVC Used for?
The CAVC is essential for veterans who believe the Board of Veterans’ Appeals made an error in deciding their case.
Its responsibility includes reviewing BVA decisions for legal mistakes, procedural errors, or misinterpretations of veterans’ benefits laws.
Common issues brought before the court include improperly denied claims, failure to consider relevant evidence, and incorrect application of VA regulations.
The CAVC ensures that veterans’ rights are protected by requiring the VA to comply with established legal standards and to justify its decisions. In the end, the CAVC can overturn a BVA’s decision and give the veteran the benefits they rightfully deserve.
When Should a Case Be Taken to the CAVC?
A veteran may need to appeal to the CAVC if they believe their BVA decision was unfair and that errors occurred during the legal process.
Taking a case to the CAVC is often necessary to ensure these errors are addressed and to protect the veteran’s right to the benefits they deserve.
Legal representation at this stage is crucial. The CAVC process is complex, involving strict deadlines, detailed legal arguments, and in-depth knowledge of veteran laws. A skilled attorney can identify errors, craft clear arguments, and maximize your chances of a favorable outcome.
What Happens During a CAVC Appeal?
The CAVC appeal process begins with filing a Notice of Appeal within 120 days of receiving a BVA decision. Once the case is filed, the veteran (or their attorney) submits a legal brief explaining the BVA’s errors.
The VA’s attorneys then respond, and both sides may present further arguments.
The CAVC reviews the case and decides on one of a few rulings:
- Send the case back to the BVA for reconsideration
- Reverse the BVA’s decision, or
- Uphold the BVA’s decision.
A favorable outcome often leads to a fresh review of evidence or approval of the claim. While the process may seem daunting, the potential to secure justice and benefits makes it a critical step for many veterans.
How Can We Help with Your CAVC Appeal?
At WHG, we have a department that specializes in representing veterans in CAVC cases. Our experienced CAVC attorneys understand the intricacies of veterans’ law and have a Proven track record of successful appeals. We provide personalized guidance, meticulously review your case, and develop compelling legal arguments to ensure your voice is heard and decisions that are truly unjust get a fair shot.
If you need assistance with a CAVC appeal, contact WHG today for a free consultation. Let us help you navigate the process and fight for the benefits you’ve earned through your service.
Frequently Asked Questions about the Court of Appeals for Veterans Claims
What is the Court of Appeals for Veterans Claims?
The Court, commonly referred to by the acronym CAVC, was established by Congress in 1988 to review VA’s decisions on veterans’ disability claims. Claimants can appeal decisions by the Board of Veterans’ Appeals to the Court to correct any errors in the Board’s decision.
How long do I have to file an appeal?
Claimants have 120 days from the date of the Board of Veterans’ Appeals decision to notice an appeal to the Court.
What does it cost?
The exact worth of a personal injury claim can vary based on a number of factors. Some key factors include the extent of the injuries, the costs involved, and the liability of the involved parties. Ultimately, the potential compensation is unique to your situation. Speak with our team to understand the particulars.
What options do I have after receiving a decision from the Board of Veterans’ Appeals?
For claims still in the legacy system, an appeal to CAVC is a claimant’s only option to correct an erroneous Board decision. This is generally the rule for Regional Office decisions that pre-date February 19, 2019, for which a VA Form 9 was filed to appeal.
Under the Appeals Modernization Act (AMA), claimants still have the option to appeal to CAVC but can also file a supplemental claim within one year of the Board’s decision. Claimants are allowed to do both at the same time (appeal to CAVC and file a supplemental claim). The modernized system generally applies to Regional Office decisions that post-date February 19, 2019, or where the claimant has opted into the new system.
Claimants must submit new and relevant evidence with a supplemental claim.
Do I have to have an attorney to appeal to CAVC?
An attorney isn’t required; claimants can file their own appeal and represent themselves before the Court. But your best chance of winning your appeal is through someone well-versed in veterans law who can spot any errors made by the Board. Cases at CAVC are adversarial, meaning the claimant and VA are on opposite sides arguing for and against. In every appeal the VA will be represented by an attorney who will argue that the Board made no error and that VA’s decision should be affirmed.
What does a CAVC “win” look like?
When the Court finds the Board erred in its decision, the Court will most often vacate the Board’s decision and remand the claim back to the Board to correct its error and issue a new decision. Occasionally, where the Board’s error is so egregious, the Court will reverse the Board’s finding. Even in this situation, the Court will remand the claim back to the Board for it to issue a new decision.
What’s important to understand is that the Court does not grant or deny claims. Rather, it sits more like a referee to ensure the VA complies with the law and properly applies the facts of each claim to the controlling rules and regulations.
How long does a CAVC appeal take?
On average anywhere from six to eight months to one to two years. For appeals where the claimant is represented by an attorney, the Court provides a process where the two parties can agree the Board erred. This occurs before the parties begin the formal briefing process and, if the Secretary concedes error, can result in a remand within six to eight months of filing the appeal. For claimants represented by attorneys this is the most common result.
For cases that undergo formal briefing that must be reviewed by one of the Court’s judges, it can take roughly one to two years after filing the appeal to get a decision.
What are my options if CAVC affirms the Board’s decision?
Claimants can appeal CAVC decisions to the Court of Appeals for the Federal Circuit and, if necessary, to the U.S. Supreme Court.
For claims governed by the modernized appeals system, claimants can also file a supplemental claim within one year of the Court’s decision. However, the supplemental claim must be accompanied by new and relevant evidence to trigger VA’s obligation to adjudicate the claim.
Why You Should Choose Werner, Hoffman, Greig & Garcia for Your VA Appeal
At Werner, Hoffman, Greig & Garcia, we understand the frustration and disappointment that comes with a denied VA claim. Our experienced, VA-accredited disability claims attorneys consistently help veterans navigate the complex appeals process and maximize their benefits. We will:
- Thoroughly Review Your Case: We will carefully examine the reasons for the denial and identify potential grounds for a VA appeal.
- Gather Additional Evidence: We will work to gather any necessary medical records, statements, or other documentation to support your VA benefits claim.
- Craft a Strong Appeal: Our veterans disability claims attorneys will prepare a compelling appeal that addresses the VA’s concerns and presents your case in the best possible light.
- Represent You at Hearings: If your case goes to a hearing, we will be there to advocate for your rights and present your arguments.
- Pursue All Available Options: We will explore all available avenues of appeal, including the BVA, CAVC, and Federal Circuit, if necessary.
Don’t let a VA denial define your future. Let Werner, Hoffman, Greig & Garcia help you fight for the benefits you deserve. Contact us today for a free consultation. You can call us at 561-320-8285 or submit a contact form to schedule a free consultation with a capable VA benefits lawyer.
