How does the appeal process work?
The Veteran first applies for benefits through the VA by filing online through his account eBenefits.va.gov or with the help of a Veterans Service Officer or by calling the VA at 1-800-827-1000. If the claim is denied, the Veteran can appeal to the Veterans Administration and appeal again to the Board of Veterans Appeals. If the claim is denied by the Board of Veterans Appeals the Veteran has 120 days to file an appeal with the Court of Appeals for Veterans Claims (CAVC). The Veteran can appeal on their own to CAVC by visiting the website uscourts.cavc.gov and filing out the one page appeal form on the site or the Veteran may contact an attorney to file the appeal. Either way, it is highly recommended that the Veteran be represented by an attorney when appearing before a United States Court. Over 80% of claims appealed to the CAVC are granted a second chance. This means a chance for the original application to be won plus a chance for the back benefits to be awarded as of the date of the application. If you have legal grounds for appeal, why not appeal rather than drop your case, start all over again in the same system but now requiring new and material evidence to reopen a claim?