Question:
It's off to the CAVC, the BVA left us no choice. It seems that back dating my 1st time original claim for head & neck trauma resulting in exacerbating an unknown ADD cognitive condition is too much to ask for, so another appeal is necessary. I served in peacetime during the mid to late 80's in an Airborne Infantry unit and yet over the years have secured service connection disabilities totaling 90% with a TDIU status (100% money) for TBI, PTSD, sleep apnea, tinnitus, feet and ankle issues. The U.S. Court of Appeals for Veterans Claims (CAVC) is the next stop on this journey. What can I expect for an non appeal of the former issue mentioned all the way back to 2005 when I didn't know any better in handling this case of mine? Recently, the BVA rejected the idea of back dating TDIU status retroactive payments even though it's more likely then not that I was suffering from that list ailments long before I ever filed a claim for compensation. Your thoughts on the CAVC would be much appreciated. Thanks.
Jim's Reply:
I don't know enough about your case to offer any comments other than that if you're heading to the CAVC, you need a veterans law attorney at your side, and this list can be helpful. Going to the CAVC w/o a lawyer is like going to the gunfight at the OK Corral armed with a spork. It rarely ends well.
- PS from StatesideLegal: You may also want to contact our project partner, the Veterans Consortium Pro Bono Program which specializes in CAVC appeals and has a cadre of volunteer lawyers willing to help. Elsewhere on this website, we have a classroom explaining the CAVC process, which also may be helpful.