The Law Office of Amrit Sidhu

Veterans' benefits representation

We can help with denied claims for the following:

• Service-connected disability compensation
• Increased evaluation of a disability that is already service connected
• Non-service Connected (NSC) Pension
• Dependency and Indemnity Compensation (DIC)

Amrit Sidhu is accredited to represent veterans and their dependents at the following stages of appeal:

• Administrative review at the regional office
  
• Board of Veterans' Appeals (BVA)
• U.S. Court of Appeals for Veterans' Claim
  

Your initial legal consultation is free of charge and without any obligation. If you or a loved one has received a denial of benefits letter from the VA, we urge you to contact our office today to explore the legal remedies available to you. Fill out our online form or call 1-877-878-4101 toll-free to discuss your case with an experienced benefits attorney.   

WARNING!  If you have been received a notice that your claim has been denied by the VA at any stage, you will have a limited time in which to appeal.  Whether you decide to handle the appeal yourself, to use your current VSO, to hire Amrit Sidhu to represent you, or to hire some other accredited practitioner to work with, acting promptly to preserve your claim is absolutely crucial.

A VA Appeal Process General Overview

1. The first step in appealing a VA claim is to send the VA regional office a 'Notice of Disagreement' (NOD).  You have a limited time in which to file file your NOD.

2.  You should receive a letter from the VA that acknowledges your NOD.  You will be asked whether you wish to have your appeal sent to the Board of Veterans’ Appeals (BVA) in Washington, D.C. (sometimes called the "traditional" appeal route), or to have your claim reviewed de novo (anew) by a Decision Review Officer (DRO).  Many experts such as the Vietnam Veterans of America recommend that you choose DRO review.  The DRO process is informal, frequently successful, and is generally faster than going straight to BVA.  Moreover, if you do not receive a better decision from the DRO, you can still appeal to the BVA.

3.  After the VA Regional Office has received your request for BVA consideration, the VA will issue a “Statement of the Case” (SOC).  This document will explain the VA’s decision(s) in detail.  You have a limited time from the date of the SOC in which to file your substantive appeal with BVA.  Your appeal will then be certified and forwarded to the BVA for consideration.

 4.  If the BVA does not grant your benefits in full, you can ask BVA to reconsider its decision.  It is within the BVA Chairman’s discretion whether or not to grant a motion for reconsideration.  The request for reconsideration must be in writing and must specify an “obvious error of fact or law” that led to the improper decision.  The appellant must point to evidence of the record or a specific law or regulation that the BVA either ignored or misapplied.  Newly discovered service medical records or previously unconsidered changes in service records by a board for the correction of military records are examples of evidence that can support a BVA reconsideration.  If the Chairman grants reconsideration, the original BVA decision is nullified and a new decision will be issue based on the reconsideration request. 

5.  If the request for BVA reconsideration is denied, or if BVA reconsideration does not result in the desired outcome, it may be time to go to court.   The U.S. Court of Appeals for Veterans Claims (CAVC), formerly the Court of Veterans Appeals, was created in 1988 with exclusive jurisdiction to review appeals of final BVA decisions.  You do not need to have an attorney to represent you before the CAVC, although experts think it is highly advisable.  You (or your representative) must file a notice of appeal (NOA) with the CAVC within the filing period.  On appeal, the court can reverse the BVA decision and grant benefits, affirm the BVA decision and continue the denial or partial grant, or remand the appeal to the BVA (being the most common positive outcome).

6.  If you wish to appeal an adverse CAVC decision, you must appeal to the U.S. Court of Appeals for the Federal Circuit.  At this level, the U.S, Department of Justice will represent the government.  Thus, the Federal Circuit is not the best place for an appellant to be unrepresented by legal counsel.  A lawyer who specializes in appellate litigation is almost always necessary to prevail at this level.

7.  At least theoretically, an adverse U.S. Court of Appeals decision may be appealed to the U.S. Supreme Court (SCOTUS).  However, the SCOTUS hears few cases each year, and they rarely include appeals on veterans' benefits claims.  Moreover, legal costs at this level can be quite high.

Veterans' benefits special challenges

 A difficult hurdle in obtaining veterans' disability compensation is establishing service connection. Certain disabilities pose especially unique challenges when trying to establish service connection, such as posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI). 

These, and many other legal issues, make serving veterans very different from establishing Social Security or other kinds of disability benefits eligibility. 

Our unique experience working inside the VA has provided us with the knowledge and experience to help establish service connection for a disability, or to establish non-service connected disability for a VA pension claim.  

An important change in Federal law regarding attorney representation of veterans

Effective June 2007, Congress repealed certain limitations on attorney representation of claimants for benefits under laws  administered by the Secretary of Veterans Affairs. (Public Law 109-461)

Previously, a veteran could hire an attorney to assist with his or her VA claim only after the Board of Veterans Appeals (BVA) had made a final decision in the case. This meant that veterans usually had no legal assistance with their appeals at the regional office level or before BVA. 

As has long been the case with other government disability benefits programs, veterans can now hire an attorney to assist at any stage of appeal.

New VA Representative Accreditation Requirement

As part of the changes involving attorney representation, Federal law now requires that only accredited representatives, agents, and attorneys can represent claimants for veterans’ benefits. 

Section 101 of Public Law 109-461, enacted on December 22, 2006, requires the VA to: (1) regulate the qualifications and standards of conduct applicable to accredited agents and attorneys; (2) annually collect information about accredited agents' and attorneys' standing to practice or appear before any court, bar, or Federal or State agency; (3) proscribe accreditation of individuals who have been suspended or disbarred from any such entity without reinstatement; (4) add to the list of grounds for suspension or exclusion of agents or attorneys from further practice before VA; and (5) subject veteran service organization representatives and individuals recognized for a particular claim to suspension and exclusion from further practice before VA on the same grounds as apply to agents and attorneys. 

Amrit Sidhu is one of only about 400 attorneys nationwide, and only nine located in Oregon, who have been accredited by the VA as of February 2009. 

More information is available at http://www.va.gov/ogc/accred_faqs.asp and http://www.va.gov/ogc/accreditation.asp.

DID YOU KNOW...?

• Disability can caused be a physical impairment, a mental impairment, or a combination of physical and mental impairments.
• Disability compensation is a benefit paid to a veteran because of injuries or diseases that arose while you were on active duty. Compensation is generally tax-free.
  
• Compensation can also be awarded for injuries or diseases that were aggravated (made worse) by your active military service. It is also paid to certain veterans who are disabled by VA health care.
• Pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled.   Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits.    These are benefits that are paid in addition to the basic pension rate.