If your claim for veterans disability benefits has been denied at the final level of appeal (Board of Veterans Appeals, the BVA), you have the right to have that decision reviewed and get the benefits you deserve. The review occurs at the Court of Appeals for Veterans Claims (CAVC). At this level, the BVA decision on your case will be defended by attorneys representing the Department of Veterans Affairs (VA). Your representative at the CAVC must be an attorney or a bar-admitted non-attorney accompanied by an attorney. You need a representative who is not only an expert at VA law, but also an advocate for veterans, like those available at Alpha.
The Veterans’ Court
The U.S. Court of Appeals for Veterans Claims (CAVC) is a national court located in Washington, D.C. It is a veterans’ court created in 1988 to ensure that veterans have legal recourse if denied VA benefits. The CAVC is separate from the Department of Veterans Affairs and has exclusive jurisdiction to provide reviews of final decisions by the Board of Veterans Appeals. Unlike the VA and Board of Veterans Appeals, where there is a non-adversarial process, at the Court it becomes adversarial and there can be no new evidence submitted.
Alpha has CAVC Experts
Alpha has veterans advocates experienced in arguing cases before the CAVC. Their focus is on formulating the best possible argument for why you deserve benefits. Even if your case was not previously represented by an Alpha advocate at the Board of Veterans Appeals level, the legal experts at Alpha will take your case and help you get through this highest review of your appeal.
The Alpha Judicial Appeals staff is lead by John March, who also serves as the Assistant Director of Alpha. John has eleven years of experience representing disabled veterans and their families. He has a complete understanding of the complex regulations, statutes and case law regarding veterans benefits. He is a member of the Bar of the CAVC, as a non-attorney practitioner, the National Organization of Veterans Advocates (NOVA), and the CAVC Bar Association. He is also a participant of The Veterans Consortium Pro Bono Program.
If you decide to practice your legal right to a judicial review, the Alpha Judicial Appeals staff will review your case to determine if it is appropriate, and will file a Notice of Appeal. This must be done within 120 days after the final decision from the Board of Veterans Appeals was received. Once the Notice of Appeal is filed, the team will keep you up to date on the status of your appeal throughout the process.
At no cost to you, our Judicial Appeals staff will review your file, and establish a record to argue your case before the CAVC. On multiple occasions, our staff has achieved positive outcomes before the case ever reaches the courtroom. If the Court requires Oral Argument be presented, someone from the Alpha Judicial Appeals staff will go to Washington, DC to represent you.
The CAVC Decides the Appeal
The goal of your Alpha advocate is to convince the CAVC to either reverse the BVA decision and grant you benefits, or to send your claim back to the BVA for reconsideration. Once the CAVC reviews all evidence, CAVC will decide the appeal.
Again, there is no fee for Alpha’s legal representation services. If your case is reversed or remanded back to the BVA, the federal government pays for legal fees and expenses under the Equal Access to Justice Act (EAJA).
The number of cases decided by the CAVC has been steadily climbing. In 2009, the CAVC decided 4,379 cases. In 2010, the CAVC decided over 5,000 cases. Clearly more veterans are challenging VA decisions on their claims. If you are denied benefits, you have the right to fight back.
If you have received a final decision from the Board of Veterans Appeals and would like to appeal the decision to the CAVC, call Alpha at (877) 611-7724. Or complete the contact form and a representative from Alpha will get back to you.
Note: All representation coordinated by Alpha is provided by our employees, the Advocates, who are accredited by the Department of Veterans Affairs (VA). No private organization that trains and employs accredited agents has been legally recognized by the VA for the purposes of preparation, presentation, and prosecution of claims. This work must be done by the Advocates themselves and not organizations.
2 comments on “Court of Appeals for Veterans Claims (CAVC): Another Opportunity for Disabled Veterans to Win Benefits”
Dear Veteran Advocates: I went before the VA Appellate Judge in Newark, New Jersey Department Of Veterans Affairs 12/01/2011. I was being represented by the Disabled American Veterans at that time. My claim for Benefits for a Service Connected Disability was denied by the VA Appellate Judge for Chronic Post Traumatic Stress Disorder as diagnosed by the East Orange VA Psychiatrist Dr. Tintea and the Clinical Social Worker as my condition being CPTSD and other psychological problems which I am on medication for. After my claim was denied the Rep For Vets reviewed my case and after reviewing my case they did not want to retain me due to a conviction in 1982 which I represented myself pro se as the following docket numbers will show:
Pertaining to Appeals On A Criminal matter which I fought all the way up to the United States Supreme Court to reverse my Conviction of Attempted Sexual Assault on a minor Age 15 which was denied twice on a Petition For Writ For Certeorari and a Reconsideration. I am presently under the Megan’s Law as a Tier One Notification which my lawyer and/or public defender is trying to have me relieved and taken out from the Megan’s Law Registration Requirements. I joined the Army RA 11754738 during the Viet Nam Era October 16, 1966 and then I was discharged in March of 1967 with a General Discharge Under Honorable Conditions for an Emotional Unstable Personality. Years later I challenged the Discharge and the Army Review board changed my Discharge after review to an Honorable Discharge With Good And Faithful Service. The following Docket Numbers pertain to the Criminal Matter. Gerald C Bakarich Vs The State Of New Jersey
Indictment No: S-1061-81
Trial Court Docket No: 81-10-1061
Appellate Court Docket Number: A-001775-05T2
New Jersey Supreme Court Docket No: 60, 643
United States Supreme Court Docket No: 06-11362
New Jersey New Supreme Court Docket No: 64, 035
United States New Supreme Court Docket No: 09-7947
While in the Army I had very bad emotional problems and frightful experiences. While up for Discharge I was approached by the Company\ Commander and called me a coward that there was nothing wrong with me and called me all kinds of obscenities an even threatened my life if I should start any trouble with the Army when I got out and if he should find out about it he would personally come looking for me to kill me. This caused me to have a lot of psychological problems. I was not able to represent myself properly in the correct manner pertaining to the Criminal matter because of the frame of mind I was in which the Army contributed to and how it affected me in my daily walk of life.. I will explain further when a representative contacts me. I am still under Treatment by the VA Pschiatrist and Clinical Social Worker when I see them approximately once a month. I also went to other Psychologists, Clinical Therapists, and Psychiatrists due to my criminal matter. I do not see how my criminal matter would stop me from being represented when this happened many years after I was out of the Military. There are two separate issues here.
Contact Info:HomeTelephone: 2019981019
Cell Telephone: 5515806574
41 Belgrove Drive, Apt 1A
Kearny, New Jersey 07032
Thank you for your kind assistance and immediate attention in helping me with this matter.
Respectfully Submitted,
Gerald C. Bakarich
Gerald,
My suggestion would be for you to talk with another service organization’s service officer such as The American Legion. I wish you the best of luck!