Veterans Disability Benefits: Does a Veteran need an attorney at the Court of Appeals for Veterans Claims (CAVC)?

There is no absolute “yes” or “no” answer to this question.   Most Veterans will benefit from having an attorney represent them at the Court of Appeals for Veterans Claims.    Let’s talk about a couple advantages of having an attorney represent a Veteran before the Court of Appeals for Veterans Claims.

1)  The Veteran should never have to pay “out of pocket” for an attorney to represent them at the Court of Appeals for Veterans Claims.  Attorneys that work before the CAVC typically get their fees reimbursed by the VA pursuant to a law known as “EAJA” – Equal Access to Justice Act.  This law allows the Veteran’s attorney to petition the CAVC to have the VA  pay the Veteran’s reasonable attorney fees and costs if the Veteran “substantially prevails” before the CAVC.  Attorneys may also charge a contingency fee for their work before the CAVC in the event that the CAVC grants past-due benefits to the Veteran.  When an attorney doesn’t cost a Veteran anything in terms of up-front costs, its hard to think of a reason that a Veteran wouldn’t spend some time trying to find the best CAVC attorney that they can.

2) There is an old saying among lawyers that goes something like this:  the lawyer that represents himself has a fool for a client.  Okay, that may be a bit harsh, but to an extent, a third-party is almost always able to  advocate better for the Veteran.  By the time the Veteran has gotten to the Court of Appeals for Veterans Claims, he or she has probably spent 5-10 years fighting their way through the bureaucracy.  Most Veterans that get to the CAVC are angry and frustrated about the system and want to talk about this before the CAVC. An attorney can help a Veteran stay focused on the issues and relief the Veteran seeks.

3) Deadlines are a big reason that Veterans should consider hiring an attorney to represent them before the Court of Appeals for Veterans Claims.  There are many deadlines – such as deadlines for the Veteran to counter-designate the record, deadlines for briefs, deadlines for conferences, etc.  For Veterans that are used to a bureaucracy that allows months or years for responses from the Veteran, the CAVC’s deadlines can put a lot of stress on a Veteran.  Attorneys are used to this – we live and die by deadlines and calendars.

4) Veterans should consider  the consequences of a loss at the CAVC.  If the Veteran loses before the Court of Appeals for Veterans Claims (CAVC), then there are only two ways to proceed: a) appeal to the Federal Circuit Court of Appeals or b) start all over at the VA Regional Office with a request to reopen the claim.  The first option is not all that great – the Federal Circuit is extremely limited in its jurisdiction, and I would venture a guess that less than 5% of Veterans that appeal to the Fed Circuit get any relief.  The second option is not all that great either – the Veteran could likely lose the earlier effective date of their claim and have to start over from scratch in the VA’s nightmare bureaucracy.  There are things an attorney can do – like try to negotiate a Joint Remand – that will give the Veteran more opportunities to prevail before the VA with the benefit of their earlier effective date.

All in all, there are a good number of reasons for a Veteran to hire an attorney  before the Court of Appeals for Veterans Claims.  The biggest disadvantage of hiring an attorney would likely be hiring an attorney that you, the Veteran, don’t feel comfortable working with.  Take some time, search around for and talk to a few attorneys that represent Veterans before the Court of Appeals for Veterans Claims, and consider hiring one to help represent you before the CAVC.

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, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts 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 in Texas, Arkansas, Oklahoma, and all around the nation, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, and VA benefits attorney Chris Attig, represents military Veterans in Texas, Arkansas, Oklahoma (as well as all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.  The Attig Law Firm represents veterans before the VA Regional Offices, the Board of Veterans Appeals and the Court of Appeals for Veterans Claims.