Filing an Appeal to the CAVC

 

Please email us at intake@vetsprobono.org so we may send you a link to fill out and e-sign our Program Forms.

If you have a denial from the Board of Veterans Appeals, our online application provides a fast and easy way to appeal to the U.S. Court of Appeals for Veterans Claims. This application also allows you to ask us for help with the appeals process.

At The Veterans Consortium, we will review your case and provide you with a free attorney if you meet all of the following criteria:

  • You are a veteran (or qualifying family member of a veteran);
  • You have received a denial from the Board of Veterans’ Appeals (BVA);
  • You do not have an attorney to help you; and,
  • We find at least one meritorious issue we can argue before the Court.

Remember, you only have 120 days to appeal a denial from the BVA.

 

There are two ways you can apply:

Click Here to Apply Online

or

Download, print, complete and mail your application forms. Please also send us a copy of your Board of Veterans Appeals decision!

Court forms:

Pro Bono Program Forms:

Steps:

  1. Complete and print the PDFs
  2. Mail, scan or email the completed forms along with your Board of Veterans Appeals decision to:

The Veterans Consortium Pro Bono Program
2101 L Street NW, Suite 840
Washington, DC 20037
F: (202) 628-8169
intake@vetsprobono.org

You have 120 days from the mailing date of your final BVA decision to file an appeal. The Court cannot usually extend this time, so file your appeal as soon as possible!

  • Complete the Court’s Form 1 (Notice of Appeal) and send it to the Court. See the Court's website for additional information: U.S. Court of Appeals for Veterans Claims
  • Submit the Court's Form 4 (Declaration of Financial Hardship) to waive their filing fee; or in the alternative, you may pay the one-time $50 filing fee.
  • If you cannot download these forms from the links above, you can request them from the Court at the address below or call us and we can send them to you.
  • If you are coming close to your 120 day deadline, you can write your own Notice of Appeal to the Court. Simply write on a piece of paper (hand written or typed): 'I want to appeal my BVA decision dated _______.' Make sure you include your name, current mailing address, phone number, email address (if you have one), and your VA Claim number.
  • You do not need a lawyer to file the appeal.
  • Note: You can only appeal a final BVA decision that denied some or all of your requests for benefits.

Don’t forget the 120-day deadline for filing

Mail, hand deliver, or fax the completed form(s) to:
Clerk of Court
U.S. Court of Appeals for Veterans Claims
625 Indiana Avenue, N.W., Suite 900
Washington, DC 20004-2950
P (202) 501-5970
F (202) 501-5848 *

*If the Appeal is faxed to the Court, contact the Court to confirm that the Notice of Appeal is received. The Court is not responsible for faxed, but unconfirmed, Notices of Appeal.

You may also email the completed Notice of Appeal form to self-rep@uscourts.cavc.gov; You will get an immediate confirmation that it was received.

SEND YOUR NOTICE OF APPEAL FORM DIRECTLY TO THE COURT. DO NOT SEND IT TO THE VA!
  • NOTE: It is very important to use the Court’s complete address, including 'Suite 900.' VA also has an office at 625 Indiana Avenue, and if the Postal Service delivers your appeal to VA instead of to the Court, you can lose your case before you even get a chance to tell the Court your side of the matter.
  • A Notice of Appeal will still be considered on time even if the Court does not receive it within the 120-day deadline IF you mailed it to the Court’s correct address AND it contains a legible U.S. Postal Service postmark dated within the 120-day time limit. Regular, first class mail is fine. You do not need to send it express mail, priority mail, or certified mail. (Note that a Federal Express, UPS or other delivery service date stamp, or foreign postal service postmark, does not count, and if you send your Notice of Appeal in any of these ways, the date the Court actually receives your Notice of Appeal will be your filing date.)

Finally, please note that there are two parties to every appeal to the Court. You will always be the 'appellant' in the case, while the opponent in every appeal is the Secretary of Veterans Affairs. The Secretary will always be referred to as the 'appellee.'

If you have received a denial for your VA claim from the Board of Veterans Appeals (known as the Board or BVA), you can appeal the decision. You must file your Notice of Appeal within 120 days of the decision with the U.S. Court of Appeals for Veterans Claims (Court). You can get the Notice of Appeal on the Court's web site (go to http://www.uscourts.cavc.gov and fill out Form 1).

After filling out and signing the Notice of Appeal, send it to the Court by:
Email: You may email the completed Notice of Appeal form to self-rep@uscourts.cavc.gov; You will get an immediate confirmation that it was received.
Mail: A U.S. Postal Service Postmark will constitute the date of filing. If you use UPS, FedEx or another courier or shipping service, the filing date will be the date the appeal arrives at the Court.
Fax: The Court's fax number is: 202-501-5848

If you need assistance with the Notice of Appeal form, call us (toll-free 1-888-838-7727). Make sure you include your full name, your current mailing address, a working phone number where you can be reached, an email address if you have one, and your VA claims file number. Sending the completed form, or writing a letter to the Court, within 120 days, will get the appeal filed. For more information, watch our What We Do video to learn more about how we represent veterans and their loved ones free of charge at the U.S. Court of Appeals for Veterans Claims.

To find a lawyer for your appeal to the U.S. Court of Appeals for Veterans Claims, you can Apply for Services from the Veterans Consortium Pro Bono Program and find out if you are eligible for free representation.

You may also contact us at:

The Veterans Consortium Pro Bono Program
(888) 838-7727 (toll-free); press option 3
(202) 628-8164, press option 3
intake@vetsprobono.org

We also provide resources to those who do not have a final decision from the Board here.