If a veteran disagrees with a decision made by the Board of Veterans’ Appeals (BVA), they have an option to appeal through the Court of Veterans Claims (CAVC). The CAVC reviews the decision made by the BVA and makes sure the decision applies the law correctly and the veterans’ rights are protected. The main role of the CAVC is to review the decision, and if there are any errors or procedural problems, they send the decision back to the BVA for further review. If you are a veteran who is considering appealing to the CAVC, this blog will cover some of the most common errors made during this process and give tips to effectively navigate the process.
1. Failing to Understand the Role of the CAVC
A common mistake veterans make when deciding to appeal their claim to the CAVC is actually understanding what their role is. As stated above, the main role of the CAVC is to review the decision made by the BVA to determine if there were errors or procedural mistakes made in the decision. They are not reviewing any new evidence or re-evaluating the facts of the case in any way.
Pro Tip: Veterans should focus on identifying any specific procedural or legal errors made by the BVA. This can help them have a successful appeal at the CAVC by identifying the aspects that the CAVC will look at and take into account. An attorney can help identify any issues and create a well-argued brief.
2. Missing the Appeal Deadline
Another common mistake veterans make is delaying taking action. The CAVC has a strict 120-day deadline for filing a Notice of Appeal. If a veteran tries to file after this period, it typically results in dismissal. Procrastination can jeopardize the entire appeal.
Pro Tip: As soon as a veteran receives a decision from the BVA, they should mark the 120-day mark on their calendar so they can keep track of the deadline. It is highly recommended to act early to ensure enough time to build a strong case, and so you don’t miss the deadline.
3. Filing an Incomplete or Incorrect Notice of Appeal
The Notice of Appeal is how veterans initiate their case with the CAVC. If this is filled out inaccurately or has missing information, it can lead to delays or even dismissal of the case. Some common mistakes made in Notice of Appeals include incorrect or missing information or incomplete contact details. It is also important to pay the required filing fee, if this is paid late or left unpaid it can lead to dismissal.
Pro Tip: Veterans should be sure that they carefully read the CAVC instructions for filing a Notice of Appeal to be sure that it is accurately filled out. Additionally, they should be sure to include the correct decision date and docket number to avoid any confusion.
4. Lack of Representation or Inadequate Legal Support
Filing an appeal through the CAVC can be a very complicated process and it is highly recommended for veterans to see representation or legal support while navigating through this process. Veterans who try to represent themselves often find themselves in a tough situation when they don’t fully understand the CAVC rules and procedures, which can weaken the appeal.
Pro Tip: Veterans should consider hiring an attorney who specializes in veterans law and has experience in CAVC appeals. They can help identify the legal errors in the BVA’s decision and help represent the veteran in court, strengthening the claim.
Avoid Mistakes, Protecting Your Benefits
A CAVC appeal can be a challenge. But if you avoid these common mistakes, this will improve your chances of success making it worth your while. By understanding the main role of the CAVC, meeting deadlines, submitting accurate documents, and getting legal assistance, veterans can expect to have a smooth process. If you’re a veteran facing a CAVC appeal, you don’t have to go through the process alone. An experienced legal representative can make a huge difference in making a compelling case and protecting your rights. Contact Veteran Esquire Solutions today to make sure your benefits are secured.