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The rules have changed. Effective June 23, 2008 only lawyers, representatives and agents who are accredited are permitted to represent veterans and their families in getting VA benefits.

Accreditation requires the filing of an application with the VA’s General Counsel and taking training in VA law within the first year. Non lawyers must also pass a test.

Veterans might now have a claim which falls into one of three categories with three different rules concerning entitlement to hire a lawyer:

(1) Veterans who have “old law” claims, those in which the Notice of Disagreement (“NOD”) was filed before June 20, 2007, are prohibited from hiring a lawyer for a fee until they receive a decision from the Board of Veterans Appeals. Thus they may be forced to wait 4 years from date of filing the claim until they are permitted to hire a lawyer.

(2) Some veterans will have “new-old law” claims, those in which:
A) the NOD was filed on or after June 20, 2007 and
B)where they hired a lawyer for a fee who filed the power of attorney form and the retainer agreement before June 23, 2008.
These veterans can continue to have their claim handled by the lawyer and can pay the lawyer a fee as long as the lawyer has filed for accreditation whether or not the lawyer’s application for accreditation has been approved.

(3) Many veterans of the GWT/OIF/OEF will have “new law” claims, those in which

A) the NOD was not filed until June 23, 2008 or thereafter or

B) in which the NOD was filed before June 23, 2008 but after June 20, 2007 but where the lawyer did not submit the power of attorney form and the retainer agreement prior to June 23, 2008.

In these new law cases the lawyer must first receive approval of the application for accreditation before the lawyer is allowed to represent the veteran and the veteran is prohibited from paying a fee on a new law case until the accreditation has ben approved.

These regulations are very complicated. To train lawyers, agents and representatives, the National Organization of Veterans’ Advocates, Inc is providing a presentation on the accreditation regulations on September 27, 2008 in San Francisco.

Information is at www.vetadvocates.com and the seminar brochure is at http://www.vetadvocates.com/docs/SmnrBrochureFall08.04.pdf

Two veterans organizations, Veterans for Common Sense and Veterans for Truth filed a lawsuit in July 2007 against the VA because of “problems, deficiencies, delays and inadequacies” which veterans face in dealing with the VA. More specifically the organizations alleged that the manner in which the VA provides mental health care and the procedures for obtaining veterans disability benefits violate statutory and constitutional rights.

In June the Court issued a decision denying the relief requested by the organizations and stating that the remedy lies with Congress, the VA, the Veterans Court and the Federal Circuit.

This decision which will be appealed may prove to be helpful to veterans because of the findings of fact which highlight the problems which veterans face.

You can locate the decision at the following link:

http://www.veteransptsdclassaction.org/pdf/courtfiled/2008-06-25-Memorandum%20of%20Decision.pdf