VA Judicial Appeals
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Veterans will receive a 20% discount on all hourly and flat fee rates with proof of service (VA ID Card, Active or Retired Military ID Card, or a DD-214 will suffice).
- Where does your VA Judicial appeal go?
If you appeal your decision from a VA Regional Office, it goes to the Board of Veterans Appeals, which is still within the VA. If you lose at this stage, but believe mistakes were made at the lower proceedings held by the VA, your next appeal will go to the U.S. Court of Appeals for Veterans Claims (CAVC) in Washington, D.C.
This is the first stage where you find your claim outside the massive bureaucracy that is the VA. The CAVC is an Article I Court created by Congress to provide an objective forum for Veterans to appeal claims denied by the VA. There is a very high remand rate at the CAVC, meaning the CAVC routinely send VA claims back to the lower tribunals to fix legal and/or procedural errors. Many times, these remands to fix errors leads to Veterans being granted benefits the lower tribunals within the VA tried to first deny.
You are not required to have an attorney represent you before the CAVC, but you should. The VA is going to send their best at you trying to make sure your claim stays denied. Let us help you. Once your appeal reaches this stage, it is likely we can represent you at no cost to you even if we win and we will not charge you costs or fees if we are unsuccessful. The Equal Access to Justice Act (EAJA) was enacted in 1980 to allow claimants to obtain free legal representation and not be held to any attorney’s fees if their claim against the federal government is successful. This means that you pay us nothing even if you win. What happens is, once we win we will then petition the CAVC to make the government pay our fees pursuant to the EAJA. There is no impact on your benefits concerning the EAJA.
No Cost to You
If you qualify, you can receive legal representation at no financial expense.
Winning Strategy
When you win, the government may be responsible for paying your attorney fees.
EAJA Impact
Your benefits won't be affected by utilizing the EAJA (Equal Access to Justice Act).
Appealing to the U.S. Court of Appeals for the Federal Circuit
If your claim is denied at the CAVC, your options are not done. We can take your appeal to the next level and bring it before the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit is also in Washington, D.C. and sits below the Supreme Court of the United States concerning veterans disability appeals.
