Men and women in our armed forces risk their lives for us, but they are denied legal representation --
at least in pursing their benefits before the Department of Veterans Affairs. Please write to your
Senators and Congressional representatives in support of pending legislation to eliminate this absurdity
and assist countless numbers of veterans and their families.
Way back during the Civil War, in 1862, Congress enacted a statute imposing a $5 restriction on fees to
lawyers or other agents assisting veterans in applying for pensions, allowances and other benefits. Two
years later the limit was raised to $10 -- and there it remained for 124 years. The paternalistic intent
of this legislation was apparently to prevent unscrupulous lawyers from bilking veterans.
In 1988 Congress passed legislation getting rid of the $10 cap and creating a Court of Veterans Appeals.
The same statute, however, prohibited veterans from hiring a lawyer prior to completion of a complex VA
administrative process culminating in a final decision by the Board of Veterans Appeals. Many a viable
case is lost long before that stage -- often on technicalities that cannot be remedied when a veteran
is finally entitled to retain a lawyer. The problem has recently become ever more pressing, due to the
increasing complexity and number of disability claims resulting from the war in Iraq.
Legislation currently before Congress would remedy this situation. On March 9, 2006, Representatives
Lane Evans (D-IL) and Shelley Berkley (D-NV) introduced the Veterans Choice of Representation Act,
H.R. 4914, which is cosponsored by Representative Bob Filner (D-CA). On May 2, 2006, Senators Larry
Craig (R-ID) and Lindsey Graham (R-SC) introduced a companion bill, S.2694, which is cosponsored by
Senators Kay Bailey Hutchison (R-TX) and James Jeffords (I-VT). Both bills state as their purpose
"to remove certain limitations on attorney representation of claimants for veterans benefits in
administrative proceedings before the Department of Veterans Affairs, and for other purposes." The
Senate Committee on Veterans' Affairs has scheduled a hearing on S.2694 for May 25, 2006
The American Bar Association agrees that the present law is an affront to veterans. On February 14,
2005, the ABA House of Delegates unanimously resolved "That the American Bar Association unanimously
supports legislation to repeal the statutory provision preventing veterans from paying an attorney to
represent them in connection with claims for federal benefits." In no other agency of the federal
government besides the VA, including the Social Security Administration, are applicants for benefits
precluded from retaining lawyers.
For further information on this problem, please see the excellent article by my long-time friend and
former colleague James C. McKay, Who Can Fight for the Soldiers?, in the Washington Post on January
22, 2006, p. B02. Jim, a World War II veteran and senior counsel at the Washington law firm of
Covington & Burling, has represented many veterans seeking disability benefits on a pro bono basis.
Our veterans have risked their lives for us - let's fight for them!
P.S. Please help us fight for veterans. Your contribution in any amount will be greatly appreciated
by this campaign. Anything given in response to this communication will be devoted specifically to
promoting veterans' issues. Please click on the following link to be connected to our website:
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