Attig Law Firm prevails before Court of Appeals for Veterans Claims (CAVC) on behalf of Veteran’s Surviving Spouse.By Chris Attig | Permalink
April 16th in CAVC Appeals, Our Clients Wins, Survivors: DIC and Accrued Benefits, VA Benefits.
In a second decision received today, the Attig Law Firm prevailed before the Court of Appeals for Veterans Claims (CAVC) for the surviving spouse of a Veteran.
In this case, the Veteran died around 2008. His surviving spouse, who believed that his death was caused by his service-connected condition, filed claims for Accrued Benefits and for Dependency Indemnity Compensation (DIC). The VA Regional Office denied the claims and the Veteran’s spouse filed an appeal to the BVA. The BVA, after long deliberation, denied the Veteran’s spouse’s claim for Dependency and Indemnity Compensation (DIC) and remanded the claim for Accrued Benefits to the VA Regional Office.
The Attig Law Firm looked at the case, and determined that the BVA erred when it denied the Veteran’s spouse’s claim for DIC before the VA had finally adjudicated the claims for accrued benefits. The Firm believed that this was error because, logically, the VA cannot decide whether the Veteran died from a service-connected condition before it had decided what all of his service-connected conditions were.
The Firm successfully persuaded the VA that this view of the law was correct, by pointing out that it is error for the BVA to decide a portion of a claim that is “inextricably intertwined” with another portion of a claim, particularly when the undecided portion of the claim could affect the portion of the claim that the BVA denied.
The Attig Law Firm and the VA Office of General Counsel entered into a Joint Motion for Remand before the Court of Appeals for Veterans Claims (CAVC), which was granted today. The BVA decision denying DIC benefits will be vacated, and will not be decided until the VA has determined which of the Veterans conditions were service-connected.
This was a rather confusing case which illustrates the concept that any Veteran should seek out legal representation before the Court of Appeals for Veterans Claims (CAVC). Often, an attorney experienced handling Veterans appeals before the CAVC will be able to present an argument that the Veteran or their surviving spouse may not be aware exists.
The Attig Law Firm represents US Veterans in their disability benefits claims to the VA. The Attig Law Firm represents Veterans nationwide before the Board of Veterans Appeals (BVA), or the Court of Appeals for Veterans Claims (CAVC).
For claims at the VA Regional Office level, the Attig Law Firm focuses its efforts on Veterans (and the Surviving Spouses of Veterans) in Texas, Arkansas, Colorado, Pennsylvania, North Carolina, and South Carolina.
If you are a Veteran (or a surviving spouse of a Veteran) and have a claim before the Board of Veterans Appeals (BVA), or the Court of Appeals for Veterans Claims (CAVC), it is very important that you consider hiring an attorney with experience handling such claims. Even if you don’t hire the Attig Law Firm – find a reputable and competent attorney to help you with your Court of Appeals for Veterans Claims (CAVC) Appeal.
No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans. The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, there may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.
It is very important that the Attig Law Firm notes that each and every Veteran’s claim is different. Just because the Attig Law Firm was able to secure substantial past-due benefits for one Veteran or Veteran’s spouse does not mean or imply that we will be able to do so for you. In some cases, the Attig Law Firm may not be able to secure any financial compensation or past-due benefits due to the facts or law of your particular case.
It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case. If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultationwith a VA Benefits attorney.