Veterans Appeals Resource Center
VA Disability Appeals
With a strong, favorable track record-- Fortis Law offers best-in-class legal representation.
Successfully representing hundreds of disabled Veterans from all over the country and beyond the borders before the US Court of Appeals for Veterans Claims (Court).
Once retained, Fortis Law will handle every step of your appeal for you from drafting briefs and filing documents to researching relevant VA law that could be the determining factor for your claim to succeed.
At the Court, VA has attorneys representing their side, so you should have an attorney fighting for what you deserve.
Dedicated to providing top notch legal services to disabled Veterans who have made countless sacrifices to protect our country.
Frequently Asked Questions
How do I check on the status of my claim(s) pending with VA?
You may call 800-827-1000 to check the status of your claim(s).
The Board has denied my claim(s); what should I do next?
Contact us by phone or email. We recommend you appeal the Board’s decision to the Court of Appeals for Veterans Claims (CAVC or Court). You must file the appeal with the Court within 120 days of the mailing date of the Board’s decision.
Why do I need a lawyer for my appeal?
Once your case is filed in Court the process becomes adversarial and the VA has attorneys to represent their side before the CAVC. The appeals process of a VA disability claim includes several stringent appeal filing deadlines. Unfortunately, it is easy for a deadline to pass or to make a mistake that could jeopardize your entire case. VA has attorneys representing their side -- and so should you. Fortis Law can fight for you and give you a strong chance to recover the disability benefits to which you are entitled.
What is the process once my appeal is at the Court (CAVC)?
By filing an appeal with the Court, the veteran is filing a federal lawsuit against the Secretary of the U.S. Department of Veterans Affairs. At the Court, the process can be even more overwhelming and convoluted than the earlier stages at the Regional Office or Board. This is why it is so important to retain a lawyer who can walk you through the process and help prepare the best legal arguments possible. Here is a brief synopsis of the steps involved in an appeal before the CAVC:
An appeal must be filed with the CAVC within 120 days of the mailing date on the Board decision.
VA will then serve us with a copy of your complete file, called the Record Before the Agency (RBA).
Next, the Court will issue a 60-day Notice to File Appellant’s Brief.
We will review your records for accuracy and completeness.
We then review your RBA thoroughly and determine a strategic plan with legal bases to argue before the Court and challenge the Board’s denial of your claim.
The Court will schedule a briefing conference and send an order with the date and time of the initial conference.
We will participate in a telephone conference on your behalf with the VA attorney. A member of the Court’s legal staff moderates the conference call. We will try to resolve the issues during the call. The sooner we can get the original decision overturned, the sooner you can receive your benefits.
If the issues in your case are not resolved at this conference, we will proceed to briefing written arguments provided to a Judge at the Court. We keep you informed every step of the way and provide you copies of all briefs drafted to the Court on your behalf.
Once the Court has received all the records and briefs, it will assign your case to a CAVC judge who will render a decision.
Can I receive both Social Security Disability and Veterans Disability without one offsetting the other?
You can receive disability benefits from the Social Security Administration as well as receive disability benefits from the Veteran’s Administration without an offset if you are receiving SSD (social security disability) benefits. However, there may be an offset if you receive SSI (supplemental security income) benefits.