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 Secretary of the CAVC 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.