As has been repeatedly discussed on this blog, the VA is experiencing extreme delay in processing and deciding claims for VA benefits. In some cases, more than a year or two will pass without the veteran hearing anything about his case from the VA, leaving the veteran to wonder if his case has fallen through the cracks.
Filing a Petition for Extraordinary Relief with the CAVC
In cases of extreme delay in VA decisions on disability claims, it may be in the veteran’s interest to file a petition with the U.S. Court of Appeals for Veterans Claims (CAVC). Where the Court agrees that the VA is acting impermissibly slowly in taking action on a case, it will require that an attorney from the VA to file a document describing what action is being taken on the veteran’s case. Sometimes, this will result in VA issuing a new decision. While the petition can be an effective tool, the Court will generally only get involved where the delay in a case is quite significant, meaning at least 18 months, and sometimes longer. Therefore, the decision as to whether filing a petition is appropriate can be a tough one to make.
Legal Help for Veterans Facing Delay in VA Decisions on Disability Claims
Filing a Petition for Extraordinary Relief is a routine service we provide for clients at Bosley & Bratch. These petitions argue that individual delayed appeals warrant CAVC involvement in VA operations. If you need help supporting a claim for VA disability compensation, or your veterans disability appeal has been delayed, call our lawyers for veterans at (800) 953-6224 or complete our free online veterans disability case evaluation form.