How will you seek justice if your veterans' benefit claim is denied after you suffered from PTSD or TBI because of trauma in combat? Talk to an attorney with experience and a track record of success in handling VA benefit appeals.
You Have the Right to Appeal a Denied Claim for VA Benefits; We Can Help
Schwartz Law Firm is a member of Lawyers for Veterans Claims (LVC). LVC is a national veterans' law practice located in Michigan. We are attorneys dedicated to helping those who bravely served our country get the benefits they were promised for their military service. LVC is available to appeal your denied claim for veterans' benefits, no matter where you reside in the U.S.
Contact Schwartz Law Firm to schedule a consultation regarding veterans' benefit appeals.
History of Pensions for Veterans Dating Back to the Independence Era of Our Country
The United States Congress began a system of pensions for veterans in 1789. During his second inaugural address in 1865, President Abraham Lincoln affirmed the federal government's obligation to provide "for him who has borne the battle, and his widow and orphan." In 1959, these words became the official motto of what was then known as the Veterans Administration, now known as the Department of Veterans Affairs or DVA.
Judicial Review of VA Decisions Is Relatively New
Notwithstanding this stated commitment, from President Lincoln's time and for the next 125 years, a veteran had no ability to seek judicial review of the VA or DVA's decisions. This government agency was essentially the only administrative agency that was not subject to any judicial oversight. Moreover, a lawyer could charge no more than $10 to represent a veteran as the claims process was meant to be simple, informal and as non-adversarial as possible.
Time changed the agency's claims process, and it became clear to Congress in 1988, after nearly three decades of debate, that it was no longer simple to pursue a claim for benefits. Congress recognized that veterans were being denied a right afforded to virtually every other United States citizen - that is the right to judicial review of an administrative agency decision by a court. On November 18, 1988, a veterans' court was finally created under Article I of the Constitution by the Veterans' Judicial Review Act (VJRA).
The Board of Veterans' Appeals (BVA) Hears Appeals
This act eliminated the bar to judicial review and allowed lawyers to represent veteran claimants, for a reasonable fee, after the claimant's case was initially decided by the Board of Veterans' Appeals (BVA). Under the act, once a claim has been decided by the BVA, veterans may hire lawyers and be represented in their appeal. Recent congressional legislation further lifted the bar to paid legal representation, allowing for a veteran to hire an attorney while the claim is before the VA.
The United States Court of Appeals for Veterans Claims Has No Geographical Limits
The court established by the VJRA is one of few federal courts created since the ratification of the Constitution. Only five other courts established by Congress since the founding of our nation are courts of national jurisdiction without geographical limits like the veterans' court. The new court was named the United States Court of Veterans Appeals. On March 1, 1999, the name was changed by the Veterans Programs Enhancement Act of 1998 and is now known as the U.S. Court of Appeals for Veterans Claims (CAVC).
Claim Your Veterans' Rights · Contact Us Regarding VA Benefit Claims Disputes
Regardless of the grounds for your claim for VA benefits, our attorneys are prepared to help resolve your disputes through appeal to the Board of Veterans' Appeals and/or the U.S. Court of Appeals for Veterans Claims. Contact us at our offices in Farmington Hills for a free initial consultation with an experienced veterans' law attorney regarding the importance of the Veterans' Judicial Review Act in your case.
