Federal appellate representation for veterans whose claims have been denied by the Board of Veterans' Appeals — federal litigation under the Court's rules, briefing schedules, and standards of review.
Black Law P.A. understands that when the Board of Veterans' Appeals denies a claim, the veteran's fight is not over, but it changes character entirely. An appeal to the United States Court of Appeals for Veterans Claims is no longer a matter of submitting more medical evidence to the Department of Veterans Affairs; it is federal litigation, governed by the Court's rules, briefing schedules, and standards of review. The Court reviews the record that was before the Board and decides whether the VA committed legal error. Success at this stage depends on identifying those errors and presenting them persuasively in writing, and that is the work we do.
Once an appeal is docketed, the case proceeds through a structured process. The Court reviews the Board's decision for errors of law and for findings of fact that are clearly erroneous or inadequately explained, and it examines whether the Board applied the correct legal standards, considered the relevant evidence, and provided the reasons and bases its decisions require. Many appeals are resolved through a joint motion for remand, in which the parties agree that the Board erred and that the case should return to the Board for correction; others proceed to full briefing and decision by the Court. We assess candidly which outcome a given record supports and pursue the path most likely to advance the veteran's interests.
A favorable result before the Court frequently means a remand that sends the claim back for proper adjudication rather than an immediate award, and the litigation may continue from there. Where the Court itself errs, a further appeal lies to the United States Court of Appeals for the Federal Circuit. We counsel veterans on what each outcome means for the life of their claim, so that expectations are realistic and the strategy is sound.
Black Law P.A. brings to appellate veterans litigation the disciplined command of complex records, procedure, and legal argument that defines the firm's broader practice. Representation before the Court does not require that an attorney have handled the claim below, but it does require a VA-accredited attorney admitted to the CAVC, and we are prepared to step in at this critical stage to give a veteran's appeal the rigorous advocacy it demands.
You generally have 120 days from the date of the Board's decision to file a Notice of Appeal with the Court. This deadline is firm and is generally not extended. Because of this, you should contact an attorney as soon as you receive a Board denial.
The Court reviews the record that was before the Board to determine whether the VA committed legal error; it does not take new evidence. When the Court finds error, it most often remands the case to the Board for proper adjudication rather than awarding benefits outright. A remand is frequently a significant step forward, and the claim then continues with the benefit of the Court's ruling.
— Patrick Wier, Senior Attorney
Speak with Patrick Wier in our Tampa office — direct line (813) 517-8709.