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Why Bother Appealing Your VA Disability Denial to the Federal Courts?

Applying for VA disability benefits and receiving a denial can be disheartening, especially if you served honorably and believe the connection between your condition and your service is clear. Nevertheless, many veterans in this situation muster up the determination to take their denial, speak with a VA disability appeals lawyer, and appeal the decision using one or more avenues available to them. These avenues include asking for a higher-level review or requesting a hearing before a veterans law judge.

But when these efforts prove fruitless, you may be disinterested in continuing the appeals process further. While you can appeal a denial from the Board of Veterans’ Appeals (BOVA) to the U.S. Court of Appeals for Veterans Claims (CAVC), at this point, you have been denied twice and wonder if a third attempt is worth the effort. 

As any one of the experienced veteran law attorneys at Werner, Hoffman, Greig & Garcia can attest, there is much to gain and little to lose by continuing the appeals process, even if you have been denied twice.

The U.S. Court of Appeals for Veterans Claims is a Civilian Court

One reason to continue in the appeals process following a BOVA denial is because, up to this point, you have been dealing with representatives and boards operating within the VA. The CAVC is not part of the VA, however. It is a federal court of record established under Article I of the U.S. Constitution. Most notably, its judicial members are civilians, not employees of the VA.

By continuing with your appeal past a BOVA denial, you give this independent body an opportunity to review your case and the decisions made thus far. While this is not a guarantee of success, having a fresh, independent set of eyes reviewing your claim may be what finally leads to an approval.

This Preserves Your Benefits Start Date

Once your claim for VA disability benefits is approved, your start date relates to the time you initially filed your claim. So long as you continue on with the appeals process, that effective date remains the same no matter how many appellate layers you must go through. 

But if you elect not to seek review from CAVC following a denial of your claim by the Board, you would need to start your VA disability claim all over again. You would receive a new start date and lose out on months or even years of benefits.

Let Werner, Hoffman, Greig & Garcia Guide You Through Every Stage of the Appeals Process

Do not lose hope if you are denied benefits initially. Instead, reach out and speak to Werner, Hoffman, Greig & Garcia about your case and your options.

We have years of quality experience helping veterans who have had their claims denied successfully appeal that denial.

Schedule a consultation with us by calling 1-800-320-4357 and let us discuss with you your needs and how we can help. You can also schedule a consultation with Werner, Hoffman, Greig & Garcia using our online form.

No Win, No Fee Commitment

Werner, Hoffman, Greig & Garcia is committed to helping you rebuild your life after a hardship. We are not just your legal team—we are your allies, your partners, and your advocates. We will do everything we can to handle your case with compassion and care, and to get you the results you need!

“And for every fight we take on, know this…we are doing everything we can to make sure we win!”

— Werner, Hoffman, Greig & Garcia

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About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog

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