When seeking an appeal for a decision made regarding a veteran disability claim, the Board of Veterans’ Appeals (BVA) is the first level of appeal for veterans after a decision from the VA Regional Office. The next step would be taking the case to the Court of Appeals for Veterans Claims (CAVC) if the veteran seeks further review of the BVA’s decision. Understanding how the VA appeals system works is crucial for veterans looking to challenge an unfavorable decision. The purpose of this blog is to guide veterans through the appeals process, specifically the CAVC process, to help veterans feel more confident while navigating it.
When Should You Consider a CAVC Appeal?
If the BVA gives a veteran an unfavorable decision or denial of benefits, they can take their case to the CAVC. It is also important to look at how they made the decision. In some cases, the BVA may have made mistakes in how it handled your case, like ignoring important evidence or not following proper procedures, you might have grounds for an appeal. Additionally, if new, important evidence comes to light that the BVA didn’t consider, you might want to appeal to the CAVC to review the decision based on the new evidence.
Step-by-Step Guide to the CAVC Appeal Process
The CAVC appeal process has very specific and important steps to be followed.
Below is a step-by-step guide for how to navigate through this process:
Notice of Appeal
- Filing the Notice: You must file a Notice of Appeal with the CAVC within 120 days of the BVA’s decision. This is a formal document stating why you want to appeal the BVA’s ruling. This should include your name, the BVA decision date, and any important details about your case.
Docketing and Record of Proceedings
- Docketing: Once you file the Notice of Appeal, your case will be assigned a docket number and entered into the court’s system.
- Record of Proceedings: The VA provides a complete record of the case, including all evidence and documents considered by the BVA. This record is necessary for the CAVC to review the BVA’s decision.
Briefing Schedule
- Appellant’s Brief: You will need to submit a written brief of your arguments and reasons why the BVA’s decision was incorrect. This document should include legal and factual information for your appeal.
- VA’s Response Brief: The VA will respond with their brief, addressing the points you raised and defending the BVA’s decision.
- Reply Brief: You may have the opportunity to file a reply brief to address any new issues or arguments raised in the VA’s response.
Oral Argument (If Applicable)
- Requesting Oral Arguments: Oral arguments are not always required but can be requested if you believe a court hearing will help support your case.
- What to Expect: During oral arguments, you present your case in person before a panel of judges. The VA will also present their side. The judges may ask questions to better understand the issues of the case.
CAVC Decision
- Possible Outcomes: The CAVC may send the case back to the BVA for further action, overturn the BVA’s decision, or uphold it.
- Decision Timeframes: The time it takes to receive a decision varies, but you should generally expect several months from the time of the oral arguments or submission of briefs.
Reach out to a VA Benefits Attorney for Help
This is just a simplified look at some of the crucial steps that are involved in a CAVC appeal. Since it is a complex process, it is extremely recommended that you seek legal guidance before navigating a CAVC appeal. An experienced attorney can help provide support throughout this process and ensure that your case is handled with expertise.
A denied or unfavorable VA decision doesn’t have to be the final word. The CAVC offers a path to challenge the VA’s decision and secure the VA disability benefits you’ve earned. Contact Veteran Esquire Legal Solutions today for a free consultation.