Veterans Benefits Claims
Lawyer
The VA Regional Office ("VARO") is where claims for veterans benefits are filed and where the initial decision is made. For a complete list of service-connected and non-service-connected benefits (including pensions, survivor benefits, health-care benefits, and more), visit my web resources page, and click the link for the publication "Federal Benefits for Veterans and Dependants."
There are many veterans service organizations ("VSO") which assist veterans in filing an initial claim, such as Vietnam Veterans of America, Disabled American Veterans, Paralyzed Veterans of America, Military Order of the Purple Heart, The American Legion and Veterans of Foreign Wars.
However, many claimants prefer to have a private attorney see their claim all the way through. Most VSO representatives are not attorneys or even licensed to practice before the Court of Appeals for Veterans Claims, and therefore, will not be able to continue to represent the claimant if an appeal to the courts is necessary. Some claimants prefer attorneys because a specific legal argument must be asserted at the beginning of the claims process. For example, a private attorney may help the claimant to gather evidence, find expert doctors outside of the VA to provide reports, or assist them with a military records correction.
Board of Veterans' Appeals
The Board of Veterans' Appeals is the administrative appeals tribunal of the VA which decides appeals from regional office decisions. The Board considers informal pleadings, weighs all the evidence and makes a final determination on the merits of a claim. It is important to make sure that any evidence a claimant needs to prevail on the merits is introduced at the Board, because he or she may not be able to use that evidence later if his claim is denied by the Board.
Claimants at the Board sometimes represent themselves, but are better represented by a VSO or attorney who is familiar with the process and can prepare the claimant for hearings, draft written arguments and monitor strict deadlines imposed by the Board. You cannot appeal to the Court of Appeals for Veterans Claims without a final decision from the Board.
Court of Appeals for Veterans Claims
The Court of Appeals for Veterans Claims is a federal court, separate and apart from the VA, which considers appeals from the Board. The court does not consider evidence not contained in the administrative record or even decide how much weight to give to the facts. Appeals will be successful if the claimant can either 1) prove constitutional error in the way a claim was decided by the VA; or 2) prevail on the legal argument that the Board's finding was "clearly erroneous." Claimants may represent themselves or hire an attorney licensed to practice before the Court. Formal pleadings are required and the veteran claimant must meet all deadlines or the appeal may be dismissed.
Unlike at the regional office or the Board, claims which are appealed to the Court will be opposed by a VA attorney who will argue that the claimant does not deserve the benefit. Therefore, this is an adversarial forum, just like any other federal court, and the claimants legal rights are not the concern of the VA attorney. For this reason, claimants without an attorney are at a distinct disadvantage.