Bva decisions
You ask the BVA to cancel their decision.Ī document that authorizes someone, such as a lawyer or the Pro Bono Program, to take certain legal actions on your behalf. You ask the BVA to reconsider any part of its decision. The Pro Bono Program or your lawyer will review your case to see if they can find enough “merit” for an appeal. Your case must have some “merit” for a lawyer to present an appeal to the Court on your behalf. Your active military service substantially prevents you from filing a Notice of Appeal.Īn issue in your case that can appropriately be argued before the Court. File means that you have mailed, hand delivered, faxed or emailed your Notice of Appeal to the Court and the Court has confirmed that they have received it. How you ask the Court to review your case.
This fee does not come out of your benefits. An EAJA award does not affect any award that you receive from the VA. Another example would be if the VA failed to issue a Statement of the Case.Ī federal law that allows the government to pay your lawyers’ fees and expenses – but only if you are already represented by a lawyer and if you won your appeal before the U.S. An example of a denial of due process would be something such as you requested a personal hearing and the VA failed to schedule one. Your docket number is the six-digit number assigned to your case by the Court.Ī fundamental right that all legal proceedings will be fair and that you will be given notice and an opportunity to be heard. Ultimately, the VA will determine the amount of any benefits you receive. If the VA denies your claim, you may begin the appeals process, first by appealing to the Board of Veterans’ Appeals and, if necessary, to the U.S. The VA will decide on your initial claim for benefits. The Pro Bono Program will never charge you a “contingency fee” and will never ask for a portion of your claim. Examples may include: a rating reduction or a rating severance where there was a failure to apply or follow requirements of a regulation a requirement of a nexus for chronic diseases diagnosed in service or a misapplication of regulations for granting service-connection based upon presumption of aggravation.Ī percentage of your benefits award that some private lawyers will collect as their fee if they successfully represent you in front of the VA. You are saying the result would have been different if not for the error made. Your initial application for VA benefits. Court of Appeals for Veterans Claims and ask the Pro Bono Program for a lawyer to represent you. If the Board denies your claim, you can appeal that decision to the U.S. The Board reviews the claims decisions by the Regional Offices of the Department of Veterans Affairs (VA). The course an appeal takes when you ask a higher court to review.īoard of Veterans' Appeals ("BVA" or "Board") The “appellee” will always be the Secretary of the Department of Veterans Affairs (VA) at the U.S. Court of Appeals for Veterans Claims – ask the Court to review it. For example, if you disagree with the BVA’s denial of your benefits claim, you can “appeal” it to the U.S. These definitions may help you understand the appeals process.Ī review of your case by a higher court. Below are some common legal terms in plain English you may need to know.