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As a veteran, the fee to appeal your Board denial to the Court will be $0. Chisholm Chisholm & Kilpatrick LTD will not charge you any legal fees to help you appeal a Board of Veterans’ Appeals decision to the Court of Appeals for Veterans Claims (CAVC). The Equal Access to Justice Act (EAJA)  provides that the government will pay our legal fees if we win your appeal.

How does your firm receive payment from the government?

Upon the successful conclusion of your case at Court, we file an application for an award of attorney fees from the government under Rule 39 of the CAVC Rules. The VA and the Court will evaluate our petition for attorney fees. If there is any dispute about our legal fees, we will address that with the CAVC.

Is there a filing fee to appeal a Board decision to CAVC?

Yes. While we do not charge you a cent to handle your case, there is a $50 filing fee to file a Notice of Appeal. The $50 filing fee at the CAVC can be waived if it is a financial hardship. If that is the case, you will sign a form — a Declaration of Financial Hardship — that we can prepare for you. We can file this form with the CAVC on your behalf.

When can I appeal a Board decision?

You can appeal a decision from the Board of Veterans’ Appeals to the CAVC as soon as the decision is final. To ensure no missteps, we can check the status to see if it is a final decision.

How much time do I have to file an appeal of a Board decision?

You do not have much time to file an appeal. The CAVC must receive your Notice of Appeal within 120 days of when the Board mailed notice of its decision to your last known address.

My Board decision is final. What happens next?

We will file a Notice of Appeal. It will contain:

  • Your name, address, phone number, and email address
  • Your VA claims file number
  • The date of the decision we are appealing for you

We must send either the $50 nonrefundable filing fee or the declaration of financial hardship with the Notice of Appeal.

We send the CAVC our Notice of Appearance, letting it know we are representing you in your appeal. We also send the Court a copy of our fee agreement. This puts the CAVC on notice that we will be seeking our legal fees from the government if we win. The Clerk dockets the appeal, and sends notices to the government and us, informing us of what the court requires in the case.

Call Chisholm Chisholm & Kilpatrick LTD

Our veterans lawyers are on the official list of those admitted to practice before the CAVC. We are active in the veterans community and we are strong advocates for the rights and welfare of veterans. We have a national reputation for winning disability claims against the VA and we will treat you with the respect you deserve.

And remember, we do not charge you for your case or an initial evaluation. Call us today at 401-331-6300 to schedule your free consultation.

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  • It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More » K. Nade, October 2017
  • These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More » Anonymous, October 2017
  • I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More » C. Marie, September 2017
  • My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More » Edward M., September 2017
  • We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More » Anonymous, September 2017
  • I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More » Gene W., July 2017
  • I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More » Sarah C., June 2017
  • I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More » Raul B., March 2017
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