The Law Office of Sema E. Lederman

In December 2006, Congress repealed a 144 year old law that prohibited Veterans from hiring attorneys. The new law, the Veterans’ Choice of Representation and Benefits Enhancement Act of 2006, 38 U.S.C.S. § 5904, is popularly known as "Attorneys for Veterans."

Prior to passage of this legislation, Veterans were prohibited from paying fees for representation by attorneys prior to the time the Board of Veterans’ Appeals made a final decision in a case. Under the law as it has been amended, beginning June 20, 2007, a Veteran may now hire an attorney after a Notice of Disagreement is filed in a case, a much earlier time in the VA disability process.

In addition the new law authorizes the VA to regulate the qualifications and standards of conduct applicable to attorneys and to review fee agreements between attorneys and claimants. Generally, a fee that does not exceed 20 percent of the past due amount of benefits awarded on the claim will be presumed to be reasonable.

Congress began providing Veterans pensions as early as 1789. Restrictions on representation by attorneys were instituted at the time of the Civil War. The adjudication of a Veteran’s claim for benefits originally involved a simple matter of filling out a form. It has now evolved into a complicated adversarial process, much like a lawsuit for negligence or medical malpractice.

While the new law is a vast improvement, it is far from perfect. Unlike Social Security Disability, the new law still does not permit a Veteran to hire an attorney from the beginning of the application process. Attorney Sema E. Lederman will assist Veterans in filing their applications without charging a fee. Veterans should not have to fight alone.