1429 2nd Ave North
Bessemer, AL 35020
Veteran's Appeals
As early as the Revolutionary War this Country has been committed to assisting veterans of military service to this Nation. The concept of a veteran's administration, or what is now known as the Department of Veterans Affairs, did not become a reality until after World War I. The Congress of the United States has been committed to the awarding of pension and disability benefits to those persons who have served in the armed services. The statutory scheme created by Congress was intended to be non-adversarial, pro-claimant and veteran friendly.
The reality of the bureaucracy which has evolved to administer the adjudication of veterans' benefits has not been consistent or in harmony with the mandates of Congress. In fact, the adjudication of veterans' benefits claims has in many circumstances become an aggressively and antagonistically adversarial process. As a consequence, the necessity of representation by a competent veterans' law practitioner has become nearly unavoidable.
Legislation passed during the Iast hours of the last Congress now allows veterans to hire an attorney or "agent"· for representation in benefits claims before the Veterans Administration (VA1- The Veterans Benefits, Health Care, and Information Technology Act of 2006. Pub, L., No. 109·161. § 101).
In order to apply for benefits, a veteran must first submit a claim in writing. Once a claim has been submitted to a Regional Office, the Regional Office is required to render a decision. In the event that a veteran desires to appeal the denial of benefits, a notice of disagreement and a VA Form 9 is requires to be submitted by the veteran to the Regional Office. If the Regional Office turns down the veteran's claim, the Regional Office must file a statement of the case which explains to the veteran the reason for the denial of benefits. Once a veteran has perfected an appeal, the claims folder is transferred to the Board of Veterans Appeals in Washington, DC. If the veteran receives an adverse decision from the Board of Veterans Appeals, then the veteran has 120 days from the date stamped on the adverse decision to file a Notice of Appeal to the United States Court for Veterans Claims.
Washington, Lloyd and Henderson is a member of NOVA, the National Organization of Veteran's Advocates, a legal organization dedicated to providing representation to America's veterans and their dependents.
The information you obtain in this site is not, nor is it intended to be, legal advice. You should consult an attorney