Did You Receive an Unfavorable Board Decision?
You Can Appeal to the CAVC.
Chisholm Chisholm & Kilpatrick LTD is a national leader in the field of Veterans Law, with decades of experience successfully representing Veterans before VA, the Court of Appeals for Veterans Claims (CAVC), and the Court of Appeals for the Federal Circuit. Not all accredited agents and attorneys represent veterans before both VA and the CAVC.
CCK has successfully represented over 10,000 veterans and family members before the Court of Appeals for Veterans Claims.
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What Is the Court of Appeals for Veterans Claims (CAVC)?
The United States Court of Appeals for Veterans Claims (CAVC) is a federal appellate court that hears the appeals of claimants (i.e., veterans and their dependents) who were denied by the Board of Veterans’ Appeals (BVA). The CAVC ensures that VA follows all applicable laws when making decisions on disability benefits claims.
Understanding the CAVC Appeals Process
Essentially, when a claimant disagrees with a BVA decision, they can appeal to the CAVC for judicial review. By filing an appeal, the appellant is taking legal action against the Secretary of the Department of Veterans Affairs (VA).
Once the case transfers to the CAVC, it becomes a federal case and turns adversarial. This means that VA no longer has a duty to help the claimant develop evidence or support their claim. The claimant is on their own and, therefore, should seek an attorney’s assistance to assist with their case.
There are also several essential terms to help claimants better understand the CAVC appeals process. These include:
- Notice of Appeal (NOA) – Claimants must file an NOA within 120 days of the initial BVA decision.
- Notice of Docketing – This includes a claimant’s hearing date, time, and location; what decision CAVC will review during the hearing; and any procedures that occur before or during the hearing.
- Record Before the Agency (RBA) – An RBA is the complete file VA has on a veteran’s case. The CAVC will give claimants their RBA and a Notice to File Brief.
- Designation of Records (DOR) – Claimants must submit a DOR with their entire case file within 60 days of docketing. It is important that the claimant has an attorney review their DOR before sending it in.
To learn more about these documents and the CAVC appeals process, download the eBook for free today!
How Can CCK Help Veterans with their CAVC Appeal?
If the Board denied your appeal for VA disability benefits and you believe the Board erred in their decision, you have the option to appeal to the CAVC. Chisholm Chisholm & Kilpatrick LTD may be able to help you with this process. To get started, schedule a free consultation today with a member of our team.