How Do Attorney Fees Work in a VA Claim?

Agents and attorneys may not charge or be paid for services with respect to services provided before the date on which a notice of disagreement is filed with respect to the veteran’s case. 38 U.S.C. § 5904(c)(1). This provision of law went into effect in June 2007 and applies to all cases where there is a notice of disagreement after … Read More

What is a Notice of Disagreement?

There are different types of claims at the VA. There are first time claims. There are reopen claims. There are appeals. When it comes to the world of appeals there are also two types. There are appeals to the BVA and there are appeals to the Regional Office. An appeal occurs whenever a veteran files the appeal within 1 year … Read More

What is the New Law Coming Into Effect?

The Veterans Appeals Improvement and Modernization Act is designed to assist veterans in the appeals process. It takes six years on average for veterans to resolve an appeal for a disability claim with the VA. Any time a veteran files a claim for disability that the Department of Veterans Affairs (VA) rejects, they have the right to appeal. But the … Read More

What is the VA’s Duty to a Veteran?

The VA has a duty to assist a veteran with the VA disability claim process. The Veterans Claims Assistance Act of 2000 (VCAA) details the VA’s duties to assist veterans with benefits claims. The VA has a duty under 38 U.S.C.S. § 7104(a) to consider all possible claims for compensation that are raised by the medical evidence in your record. … Read More

What is a Reopened Claim

If you were denied veterans benefits and you have exhausted your appeals (DRO, BVA, CAVC), or you missed the appeal deadlines, you may not be out of luck, and you don’t necessarily have to start a new claim for benefits to try again. While you always have the right to start your veterans benefits claim over again (as many times … Read More