Veteran Claims AdvocateMatt Shell, Attorney at Law

Appeals from the Board of Veterans' Appeals

I represent veterans and their survivors in appeals to the U.S. Court of Appeals for Veterans Claims (the “Court”), the independent federal court that reviews decisions of the Board of Veterans' Appeals. There is no attorney fee paid from the veteran for the Court appeal.

Important deadline: an appeal must generally be filed within 120 days of the date the Board mailed its decision. Please do not wait until the deadline approaches.

Request a Case Review Schedule a Consultation
Federal court practiceAdmitted to practice before the Court
No fee paid from the veteranAttorney fees are paid by the government only if the appeal succeeds
NationwideThe Court is a federal court; veterans in any state may be represented

The Process

  1. Case review. Complete the online case review form. You will receive an initial response immediately.
  2. Engagement. We discuss your case, and if it is a good fit, we both sign a written fee agreement. No filing can be made until the agreement is signed.
  3. Notice of Appeal. We review your Board decision together, and I file a Notice of Appeal with the Court within the 120-day period.
  4. Record review. VA provides the record of everything the Board considered. I review it in full, and you help identify anything that is missing, such as a medical opinion you submitted that does not appear.
  5. Conference with VA. The Court schedules a conference with VA's attorneys, and many cases are resolved at this stage. I will explain any offer from VA and my recommendation, but the decision whether to settle is always yours.
  6. Briefing and decision. If the case is not resolved, I prepare the brief and review the arguments with you before it is filed. VA then files its brief, and the Court issues its decision.

Until the fee agreement is signed by both of us, I am not your attorney, and you remain responsible for meeting the 120-day deadline. If the deadline is approaching, please contact me promptly.

A successful appeal often results in the Court returning the case to the Board to correct its errors and decide the claim again.

An appeal to the Court is not always the best course. In some cases, a supplemental claim with new evidence is more appropriate, and we will discuss which option fits your circumstances.

Fees

The Board of Veterans' Appeals is part of VA. The Court is an independent federal court that reviews the Board's decisions. My representation covers your appeal before the Court only.

The Court appeal: no fee to you

If the appeal succeeds, including when the Court returns the case to the Board, I ask the Court to order the government to pay my fees under the Equal Access to Justice Act. If the appeal does not succeed, you owe me nothing.

These fees are never taken from your benefits. The government pays them separately. They do not reduce your disability compensation or back pay and do not affect your benefits in any way.

Representation before VA

My practice is limited to appeals before the Court. I do not currently represent claimants before the Board or a VA regional office.

The Court's filing fee

If the filing fee would be a financial hardship, I will ask the Court to waive it. If it is not waived, I will pay it. In either case, you will not pay the filing fee.

All terms are set out in a written agreement before any work begins.

Notice required by Nevada Rule of Professional Conduct 7.2(b)(4): when a fee is contingent on the outcome, a client may be liable for the opposing party's fees and costs.

Frequently Asked Questions

Can you guarantee a result?

No. No attorney can guarantee how a court will rule. I will give you a candid assessment of your case.

Do you handle cases before a VA regional office or the Board?

Not at this time. My practice is limited to appeals before the Court.

What should I have available?

Your Board decision, particularly the date it was mailed, and any recent correspondence from VA. Please do not send medical records until we have spoken.

Does contacting you make you my attorney?

No. An attorney-client relationship begins only when we have both signed a written agreement.

Contact

The fastest way to begin is the online case review form, which provides an initial response immediately.

Email: [email protected]

Phone: (775) 800-6315

Please do not include medical records or other sensitive information in your first message.

About

Matt Shell is licensed to practice law in Nevada (State Bar of Nevada No. 16624) and is admitted to practice before the Court. Because the Court is a federal court, veterans may be represented regardless of the state in which they live.

This practice is not affiliated with VA or any other government agency.