No, neither you nor your attorney needs to travel to Washington DC to appeal your Court of Appeals for Veterans Claims (CAVC) case. Even though CAVC is located in Washington DC, there is no physical courtroom, and cases are handled either electronically or over the phone.
Appealing a Case to the CAVC
If you do not agree with the decision from the Board of Veteran’s Appeals (BVA), you can appeal your case to the CAVC. Since the Veteran’s Administration will have their own attorney representing them, you may want to do the same and have your own lawyer representing you in the appeal. You will not be appointed an attorney. An attorney can help your appeal by doing the following:
- Protecting your legal rights and explaining CAVC procedures so that you understand your rights in the appeal.
- Ensuring deadlines are met. You have 120 days from the date of the BVA decision to appeal your case with the CAVC. An attorney can make sure that you file the appeal within the necessary timeframe.
At a CAVC hearing, the main concern is whether or not your case was handled properly by the Board of Veterans Appeals (BVA). There will be no new testimony or evidence presented, and there will not be a trial by a jury. Each case is decided by a single judge, or in more complex cases, a panel of judges will make the decision.
Before a CAVC hearing, it is important to review your case file with your attorney to make sure that there are no missing records or information. Once the CAVC takes over your case, it can no longer go through the VA, and the VA has no obligation to help support your case. Cases at the CAVC will not be in person, so no travel is required.
Contact Us to Help With Your Appeal
If you need to appeal a case with the CAVC, contact the office of Sean Kendall, Attorney-at-Law, for a free, no-obligation consultation. We can help you with the appeal process for any disputes you may have with a claim determination and protect your legal rights so you can get the benefits you deserve. Call us today at 877-629-1712 to find out more.