Has your claim been denied by the Board of Veterans Appeals (BVA)? If so, the United States Court of Appeals for Veterans Claims (CAVC) has exclusive jurisdiction to hear appeals from decisions by the Department of Veterans Affairs Board of Veterans’ Appeals. The CAVC hears appeals involving service-connected disability claims, death benefits, the VA home loan, and waiver of overpayments.
You only have 120 days from the date of a final BVA decision to file what is called a Notice of Appeal with the CAVC. It is important that you not miss the 120 day deadline. If you miss the deadline, you can still reopen your claim at the Regional Office by submitting new and material evidence. However, this option does not protect the effective date of your original claim, and you will lose retroactive compensation that could have been preserved by filing an appeal.
If the CAVC finds the BVA committed error in deciding your claim, commonly the CAVC will remand, or send the claim back to the BVA for them to correct the error. If the CAVC grants the claim, the Regional Office will issue a new rating decision.
Appeals at the CAVC involve complicated rules of practice and procedure, settlement conferences, appellate brief writing, and sometimes oral arguments. It is best to have an experienced law firm such as the Law Office of Edward M. Farmer to review your BVA denial at no cost to you. Contact us before the 120 day deadline passes.