If your Veterans benefits claim for service connection is denied by the Board of Veterans Appeals (BVA), you may not know that there is another layer of appeal available to you. The US Court of Appeals for Veterans Claims was established in 1988 under President Ronald Reagan and is an Article III court under the US judiciary. This means the CAVC’s judges are appointed by the President and confirmed by the Senate. It is the court responsible for reviewing BVA decisions and their rulings can overturn a BVA decision that was negative to you. However, it is important to remember that you have a limited amount of time to appeal your BVA decision to the CAVC. Over 4,300 appeals were filed at the CAVC in fiscal year 2012. 2012 Annual Report Once your appeal is filed, the attorneys at RMDLG will take care of everything else. We will research the law and facts in your case, confer with opposing counsel at the VA’s Office of General Council, and submit the briefs in support of your claim. The attorneys at RMDLG have written hundreds of federal briefs with a very high success rate. Joe Whitcomb is a Veteran of both the US Army and the US Airforce. He handled his own VA appeal from 2005 through 2011 and knows first hand how long and unforgiving the process can be. Joe also knows the emotional toll the wait can take. This is why he has dedicated himself to this area of law. While every case is different and it is impossible to predict the merits of your case before reviewing the file, we will review your case for free to determine whether an appeal to the CAVC is worth while. Also, the attorneys at RMDLG will represent your case to the CAVC with no upfront costs. If the Court reverses or remands your decision back to the BVA, we will collect our fee from the VA under the Equal Access for Justice Act (EAJA). If you decide to retain RMDLG to represent you at the BVA and we win there, we will collect a percentage of your past due benefits. No matter what, RMDLG collects no fees unless we win.
There are plenty of reasons to file an appeal for your unfavorable Board of Veteran’s Appeals (BVA) decision to the US Court of Appeals for Veterans’ Claims (CAVC). The first reason, and perhaps the most important one is that the judges at the CAVC do not work for the VA. They are independent judges appointed by the President of the United States and confirmed by the US Sentate. Their decisions, when issued as a panel or the full court, have the full weight of law. The Court is also largely veteran friendly, reversing or remanding more than half of BVA decisions.
If you are currently unrepresented, RMDLG would like to offer its assistance in litigating your case and will not charge you any fees in advance for our services or require that you retain us for future representation should we successfully represent your case at this level. If we are successful and the CAVC remands your case to the Board of Veterans’ Appeals (BVA), we will request payment from the Veterans Affairs pursuant to the Equal Access to Justice Act (EAJA). If we lose, you pay nothing. If you do retain us to represent you in your claim after it is remanded and we are successful in getting you your past due benefits, our fee represents a percentage of those past due benefits, minus what we have collected in fees from the VA.
As a former enlisted US Army Ranger, Joe Whitcomb finds representing veterans in their fight for benefits they have earned is a passion and a profession. The first VA case Joe ever represented was his own. He fought the VA for five years and eventually won. The process was difficult and confusing for him, so he decided then to dedicate his time and legal experience to helping others navigate the system.
If you choose to have RMDLG represent you in your appeal with the CAVC, you are in no way obligated to retain us after that even if we are successful. We will be happy to discuss any questions or concerns you may have and we can be reached from 8AM-5PM, Monday-Friday, Mountain Time at the phone numbers listed above.
We know from experience the frustration and fear you might be experiencing right now given the time and emotional energy you’ve expended getting to this point. The attorneys and legal staff and RMDLG will treat you with the dignity and respect you’ve earned in serving your country and will zealously fight to help you win your Veterans’ benefits. We will also work to keep you informed during the process. Please give us a call so we can get started today.