Veterans Disability Claims Lawyers
It is common for an application for disability benefits to be denied initially and at the Board of Veterans Appeals (BVA). If you choose to appeal the BVA's decision, the next step is to appeal the decision to the United States Court of Appeals for Veterans Claims (USCAVC).
The Berry Law Firm can represent you before the USCAVC and at all stages of the appeals process. For a free consultation, please call 888-883-2483 or contact us online. We represent veterans nationwide.
Appeals at the Federal Level
After the BVA denies a claim, you may appeal the decision to the USCAVC in Washington, D.C. At this stage, the appeal is no longer an administrative process, but an adversarial one that is handled outside of the Veterans Affairs (VA) system. Instead of VA lawyers deciding the case, federal judges will make the decision.
In general, claims that proceed to this level are appealed because of a legal error made by the BVA. The USCAVC will primarily review the claim to determine whether the VA followed the rules when deciding the claim. If relevant statutes and regulations were incorrectly applied in the determination of the claim, the USCAVC may remand the claim to the BVA for further consideration. In some situations, the USCAVC may affirm the BVA's decision on some of the claims and remand others.
Should the USCAVC decision be appealed, the next step is in the United States Court of Appeals for the Federal Circuit. Appealing at this level is rare. If a legal issue of national importance is at stake, a claim may be appealed further to the United States Supreme Court; these instances are extremely rare.
To discuss the possibility of an appeal, please call 888-883-2483 today. Your consultation is free.
