Court of Appeals for Veterans Claims
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.
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.
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.
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Disclaimer: This information is not legal advice. Using this information, understand that there is no attorney-client relationship created by reading or using the information on this website.