to date. Um but Definitely an important thing to know is
represent you before the court. But you also want to know how
kind of information on the firm or the the lawyer's website and
advocate before the Veterans Court and another to keep in
the VA itself that represents you at the Regional Office and
always a good idea to have a an experienced advocate, somebody
complicated stuff regarding the law and the facts. So, it's
a representative at the CABC? No, a person always has the
and the Appeals to the Court on our website and also be sure to
ended or waived, the board will then issue a new decision on
subscribe to our YouTube channel for more videos about
we have a webinar coming up. I'm sorry, a a video
whether you're the the person that you want to work with is
of things that you'll want to know. You can usually find that
many cases the person has litigated before the court, how
mind is that you might have two different advocates in the the
remands the case back down to the board for a new decision
and veterans expect if they go to the CAVC, right, from the
Right. The only thing I want to note is that sometimes the
appeal a CABC decision to the federal circuit. So the federal
for reconsideration that requests that the judge takes
started this whole process. So, say your case goes all the way
issues an unfavorable decision in that case. Well, to put it
then you submit new evidence, goes back in line and then you
up to the Court of Appeals for Veterans claims. Um the court
might have done something wrong. So you can file a motion
lane by filing new and relevant evidence again at the regional
lot about claimants and and veterans and advocates. So, I
some new and relevant evidence. So, once your case goes back in
line, then you get another decisions, sort of like how we
kind of plainly, you can start this whole process all over
that we have today for today. Uh thank you so much for tuning
practice VA law I believe that there's a phone number that you
you can submit new and relevant evidence in support of your
window completely and just ask for the board to issue a new
can call to sort of double check the actual roles. Um so I
if you if you don't find someone there and they say they
just wanted to note that. It's not you know the court has a
specialize in representing Veterans before the court.
Court because otherwise the person just simply cannot
denial of benefits again these don't this this type of relief
before that court because that's the most important thing
Part of this letter it it usually states that the veteran
has 90 days from the date that letter is issued to submit any
Court of Veterans Appeals for Veterans claims, if they
and you have to recognize that fact they can reverse the whole
Veterans Court to represent you. Um and the court's website
become more and more complicated and once you are at
After that 90-day window has closed or after this period has
Veterans Court. That's what Christian and I do. We
could, the CAVC process and now, one of the, one of the
entirely different representative before the
lot going on and I don't know if that's always completely up
the board. Thanks, Christian. Yeah. So, if the CAVC or the
wanted to ask you this, Amy. Does a Veterans Art Claims need
down to the Board of Veterans Appeals for a new decision. The
court's list of practitioners isn't up to date. So you might
who is experienced in LIVE negating cases before the
Brandon does. His his work focuses on representing
Veterans before the VA itself and then, you might have an
office level in response to that board decision or you can
the court level, this is where you get into the most
you want to look for in a representative is that the
both can vouch for me that over the years, Veterans Law has
presentation coming up discussing best ways to pick an
get a new board decision. What happens if the board still
person is actually admitted to practice before the Veterans
those issues. Now, within that 90-day window, like I had said,
life of your VA claim. You might have one advocate before
the Board of Veterans Appeals. So, for example, that's what
claim or your appeal to try to get the board to sort of side
many years of experience the person has, those are the kinds
narrow jurisdiction and it's pretty pretty specialized
decisions. So you got 81 days to do that. Um and once you get
board's decision you still have a little bit more that you can
120 days of the board decision. Right. So, we've been talking a
actually has a list of folks who are admitted to practice
another look at the case that maybe they missed something,
is able to practice before the court. Um so that's really all
in. As always, there's more information regarding the BVA
great idea. Um I I think Brandon and and Christian, you
they can reman And the the the back the case back down to the
right to represent him or herself in court but it's not a
things we said the court could do is remanned. So, I want to
kick it back to Brandon to talk about what can claim claimants
Appeals for Veterans claims as long as you do so within those
remand and also inform the veteran of their next steps.
practice there. So that's basically, as quickly as we
from the norm to have a case cut argument and if it goes to
that a particular issue in a case or a a particular fact
might have been the board might have the facts wrong so the
argument you argue advocate argues before a panel of three
argument which you know happens I don't know the percentage but
and in other instances the court could schedule oral
appeal that case, that board decision again to the Court of
again. Um you can then file in appeal via supplemental claim
with you if you're denied, maybe try to get a grant with
very infrequently I don't know how many arguments there were
new and relevant evidence or they may also waive that 90-day
circuit is the appellate body that over that basically has
maybe they overlooked something, and you can Also
do to try to prove that the board and the and now the court
goes to brief and a a member of the court's legal staff will be
about. Um so if you're represented there's a potential
board then at that point must send a letter recognizing that
board to the CAVC and now, the CAVC remands it back down to
remanned or vacate that board decision and it gets sent back
doesn't happen very often they can affirm which means the
veteran didn't have X the court says no the veteran did have X
reverse of factual finding the veteran the board says the
to the federal circuit like I said it's really it's really
these judges do? So, by and large, there are three things
board for a correction of a variety of legal or factual
wondering what can happen when I get to the CABC. What can
jurisdiction over legal errors that the CABC makes and their
Alright, so I'm talking about a decision. You're probably
errors. Um so if you are at the CEBC and the CEBC affirms the
judges can find that the board didn't do anything wrong and
decision that basically controls all of VA law. It
the judges can do. They can reverse which basically means
doesn't just decide one particular veteran's case which
is what most of the single judge decisions we call due.
judges and the the the court will issue what we call a
to have a phone, there's a potential to have a phone call
decision. So, and a presidential decision is a
last year but you know it's certainly the the aberration
the moderator for that conversation and in other cases
hearing at the CABC to have their case decided. Most cases
with that VA attorney to try to get the case resolved before it
are just decided on those three briefs that I was just talking
differently you know, that the board didn't make a mistake and
secretary's position. You have an MSA. So, those are the three
probably were used to when you were working at the working
most part, the last word in the case, it's called the reply
brief. It lays out the case, right? Opening the case. Then,
court. So, I would draft a brief listing all the reasons,
general council. They represent the secretary. They file a
board's decision was wrong. It puts the facts of the case and
court to make a decision in that case. So, there are really
argument that claimants or advocates will submit on behalf
record before the agency. Right. Thanks Amy. So we file a
notice of appeal that kicks the case off. You get a you get a
wasn't in your claims file, on the date of the board decision
going to be everything that was in your claims file up to the
that you'll be making to the court. This file is known as
been filed, the CVC then places the appeal on their docket and
information on the court's website. Um once the appeal has
VA has to provide the veteran or the Veterans Representative
brief explaining where they might agree with us. It does
appellate court. It is very different than what you
client be successful in their appeal. So, that's the opening
VA can understand what exactly you're trying to appeal and go
to complete a notice of appeal form which is available on the
the Veterans Court, the first thing that you need to do is
blog at CCK hyphen Law.com. And if you are looking to appeal to
it also means that you can't submit new evidence to the
VA. The court isn't. It's a it's a it's an actual court.
the law that controls in front of the court and allows the
referred to as go to chambers. There's the opening brief which
of claimants or veterans that basically just lays out why the
moves into a briefing process and basically The court gives
Appeal Strategy Coordinator. There's noone better to talk
if you file that supplemental claim, you do run the risk of
this appeal to the court within 120 days of that board
Appeals for Veterans claims or CABC, Veterans have to file
looked at to make the decision. Um so after that process it
case number. You get a dot your docket sheets open. Um you get
it the court cannot even look at it so it won't be in the
decision or they can appeal to the Court of Appeals for
notice of disagreement and their case goes to the Board of
the case has been docketed. Um as I mentioned earlier, then,
be necessary to preparing the arguments, the legal arguments
a complete copy of the claims file because this is going to
assign the case and the appeal a case number and provide
claims file number, date of birth, and the date of the
notice to all the parties involved which would be you and
file, a copy of which they will eventually have to provide to
that we always like to highlight when we talk about
and thank you for really emphasizing this Amy this is an
through the VA process. Veterans don't have to attend a
brief. In my practice, I tend to try to focus the court on
order to make a decision in the case. So, one of the things
things that the judge is going to get on their desk in
obviously, reassert disagreement with the
what I think is the most important parts of the case. Um
within 120 days of the date of the board's denial and you have
how the court works including the judges, take a look at our
and all that. No, it's all done on paper and you can't submit
happen sometimes or where why and how they see the case
the record of proceedings which is everything that the board
VA files their brief. Uh an attorney at the office of
then finally, advocates and claimants, they have for the
like I said, Amy and I represent Veterans claimants at
three briefs that go to the judges which also sometimes
you 60 days to file a brief. Uh a brief is just a written legal
all the facts in law that I think is going to help my
the record before the agency or the RBA and like I said, it's
date of the board decision. Nothing new can come in. If it
the the VA attorney, the officer general council that
your name, address, telephone number, Email address, VA
court's website and you must include information such as
you or your representative. Uh the notice of appeal can be
mail faxed or Emailed to the court and you can find all that
the docket is like a record of scheduling and proceedings. Um
the court will then issue a notice of docket docketing,
So that is sort of an overview of what happens in the final VA
potentially impacting your original effective dates of the
decision. But there's a whole other way for you to get
reviewing VA's decision benefits decisions. Um so that
board's decision. This is all important so that the court and
ahead and locate that board decision as well as your claims
you can appeal a board denial to. Um and it's not part of the
court where there's witnesses and and testimony and juries
means that the Veterans Court does not have a duty to assist
Sure. So the Court of Appeals for Veterans claims or the CAVC
jurisdiction to review VA Decisions on benefits. What
Board of Veterans Appeals if they don't or are unable to
appeal or the claim that you're filing. Right. Thanks Brandon.
about the CAVC. So why don't you tell us what the CAVC is?
Veterans Court. It's an appellate court So, it's not
level review lane. The claim is reviewed by a senior VA claims
if a veteran is filing an appeal and they wish or choose
adjudicator and no new evidence is submitted. Whereas in the
they receive from the Department of Veterans Affairs.
the veteran in developing evidence like the VA does and
like the kind of court that you see on television like a trial
The first is a supplemental claim lane. This option is used
the supplement claim lane option is still a great option
decision and they choose to file an appeal to the Court of
board decision and then have essentially the case go back
to file a new and relevant evidence in response to this
that means is that this is the only court in the country who
Like I said that Congress agreed for the sole purposes of
file a notice of appeal. Um again, you have to do that
becomes final. However, if a veteran wants to challenge this
new evidence. Um so, if you want some more information on
for Veterans to pursue their case if they're denied at the
redress if you want of VA's errors and Amy Odom CCK's
the Court of Appeals for Veterans' Claims, the veteran
AMA. Veterans have three lanes for appealing a decision that
is a federal court located in Washington DC with exclusive
Office. Now, under the Appeals Modernization Act of 2019 or
evidence at the Regional Office in response to that board
are going to go over in just a few moments. Specifically, if a
file an appeal to the Court of Appeals for Veterans claims but
What can you do with that decision and can you appeal
they can file a supplemental claim with new and relevant
that decision? So, under AMA, Veterans have two options if
veteran wishes or chooses to file an appeal with their board
board decision but they don't want to appeal their case to
decision. Otherwise, after that 120-day period, that decision
that. Sure thing. Thanks, Christian. So, the Board of
Veterans' Claims which my colleagues Christian and Amy
supplemental claim lane, you can submit new and relevant
what's called the notice and disagreement lane. Now, this
down to the Regional Office again for a new decision. Um
evidence if you choose the higher level review lane, no
appeal after you've received BVA decision. So, Brandon, your
Brandon Paiva and Amy Odom and we're going to be talking about
may also file a supplemental claim in in so doing they have
they receive an unfavorable board decision. The first, Is
Veterans Appeals and then that veteran receives a decision.
what's called the higher review lane. Now, in this lane, very
to submit new and relevant evidence. The second option is
different than the supplemental claim lane in the higher higher
little bit about sort of the board overview. Um you know,
ability to overrule a decision that is made by VA Regional
lane allows the veteran to appeal their case directly to
new evidence is submitted and lastly, the third option is
the Board of Veterans' Appeals. So, say a veteran files a
essentially the appeal of VA. Meaning, the board has the
what steps veterans can take, what the next steps are to
kind of abbreviate throughout this presentation. They're
Veterans Appeals also known as BVA or the Board as O'Hara's
name is Christian McTarnigan and today, I'm joined by
what what is what is a board decision? What's the board?
What can you do after get a board decision, things like
in accredited claims agent. So, I'm going to want you to talk a
Hi, everyone and welcome to another edition of CCK Live. My
the CABC process.