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CAVC Appeals

CAVC Appeals

Bergmann & Moore aggressively represents Veterans and families at the U.S. Court of Appeals for Veterans Claims (Court) at no cost to the Veteran or family member.

How is this Possible?

When Bergmann & Moore represents you at the Court, there is no cost to you. When we prevail in your case at the Court, VA pays our legal fees under a law called the Equal Access to Justice Act (EAJA).  However, if our attorneys lose, you do not owe us anything.

 

Deadlines

 

You have 120 days from the mailing date of the Board’s decision to appeal to the Court of Appeals for Veterans Claims.  

 

Please contact Bergmann & Moore today for your FREE Consultation Our staff is standing by to answer your questions and help you win.  We will ask you about your Board of Veterans Appeals decision.  You should continue fighting so you don’t let your years of hard work go to waste.  If we determine that we can represent you, we can start right away.

Why Appeal to the Court?

When the Board of Veterans’ Appeals (Board) issues a decision about your claim, the options for what to do next can be confusing.  You might find yourself wondering why a higher rating wasn’t established based on the evidence you submitted, or why service connection was denied if you sustained an in-service injury.

 

Appealing to the Court of Appeals for Veterans Claims has numerous advantages:

 

  • Court judges are independent from the Department of Veterans Affairs (VA) because they do not work for VA.  All previous decision-makers were VA employees at Regional Offices or the Board.
  • Court judges are generally sympathetic to Veterans’ issues. Historically, the Court sends back more than 70% of Board decisions based on VA mistakes.
  • The Court’s response is usually quick – generally in 8-10 months. The Court does not permit VA to drag its feet.
  • A favorable resolution at the Court means that the Court gives instructions to the Board about the next steps of your claim.  The resolutions favorable to you are done through a judge’s decision or a Joint Motion for Remand.

 

In some cases, a Veteran can lose years of their retroactive benefits by not appealing to the Court. At Bergmann & Moore, we can review your BVA decision to determine whether Court representation would be beneficial in your case.

Other Services

CAVC Appeals

The Board of Veterans’ Appeals (BVA) provides Veterans with five options on what to do when you receive a Board denial. In our experience there is only ONE reasonable option—appeal the BVA decision to the U.S. Court of Appeals to Veterans Claims (CAVC).

Dependency and Indemnity Claims

Bergmann & Moore recognizes that many veterans from the Gulf War era, Operating Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), Operation New Dawn (OND), and Operation Freedom’s Sentinel (OFS) may have been exposed to hazardous materials that were burned as a form of waste management.

Individual Unemployability

Even veterans who aren’t rated 100-percent disabled may be eligible to be paid at the 100-percent monetary rate. VA awards individual unemployability, often referred to as total disability for individual unemployability (TDIU), when a veteran’s service connected conditions prohibit him or her from maintaining gainful employment. This benefit is separate from Social Security Disability Income.

Free Consultation

Law is a complicated matter. Let us help you.