If you need to appeal the VA’s
rating decision, the Board of Veterans’ Appeals decision or need to go to the
Court of Appeals for Veterans Claims, you must remember that you have entered
into an adversarial system. Before the
Board and the Court, you must be able to identify the questions of law and fact
that in your mind were handled erroneously by the VA in rejecting your
claim. You will be requested to prepare
a written argument. At that time,
outline each error, and then discuss how the Regional Office’s error or the
Board’s error in judgment prejudiced your claim. If the VA did not do what they were required
to do for you, say so. At the end of
your written argument, tell the VA or the Court, if necessary, what you want it
to do. An effective written presentation
and summary of your case is your case.
Veterans who appeal their claims
to the Court of Appeals for Veterans Claims are permitted to have attorneys
represent them before the Court in the same way the Department of Veterans
Affairs maintains its own staff of attorneys to defend it against your
claim. In order to obtain a favorable
decision from the Court, you must be able to argue your case to the Court.
I have represented veterans
before the Department of Veterans Affairs and the Court of Appeals for Veterans
Claims since 1990. I also represent
veterans at the Regional Office and the Board of Veterans Appeals. I am a member of the National Organization of Veterans Advocates (NOVA)
and have
represented many veterans in this manner.
Fees for legal services are entirely contingent upon receiving a
favorable outcome.
These
benefits are much more involved than Supplemental Security Income and Social
Security Disability. These are either you receive the benefits or you do not;
where-as Veteran’s Disability can be percentage based, ie. 30% disabled. Let us
fight for your rights and the compensation you deserve. This can also include
payment to spouses/dependents, housing assistance, and even to parents of
deceased veterans.