CAVC appeal

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.


Source URL: https://dev.statesidelegal.org/cavc-appeal