Legal Question in Veterans Law in Tennessee

Re: 38cfr3.816

Generally speaking, appealing a denial for a veteran�s benefits claim depends on where the claimant is in the process. A claimant usually has the option of appealing their claim and they don�t want to miss any important filing dates. The appellate process is two tiered: The first tier is through the Executive Branch, Department of Veterans Affairs. Once the claimant�s administrative appeals has been exhausted, the claimant may have the option of going to the next tier and make an appeal in the Judicial Branch, i.e., federal court.

You may want to consider contacting an attorney to review your paperwork and see where you are in the clam�s process. I would note that prior to late last year, attorneys usually did not get involved in the administrative process because, to be quite blunt, they could not get paid for their services. However, this rule was changed late last year when President Bush signed into law a bill permitting attorneys to be compensated for representation in this administrative appellate process.

The VA Secretary has less than 180 days to come up with the new rules that the attorneys have to follow (of course knowing government red tape and other possible political issues, this could take longer). Private attorneys may be willing to talk with denied claimants but they will more than likely not want to �represent� the claimant until these rules have been established. (There are Veterans� groups that have attorneys who may take a claimant�s case free of charge.)

Once these rules have been established, more attorneys will more likely be interested in handling these cases. Right now I believe that if a claimant�s case has been through the administrative appeals process, the claimant can obtain a lawyer his/her federal court appeal. (FYI: The prior rule and the rule today does allow lawyers to be compensated if they represent a claimant in federal court.)

Good luck!