I. INTRODUCTION.
A. Purpose.
The purpose of this seminar is to provide the participant with general information concerning disability benefits for veterans and their dependants. More detailed information is available through the various resources listed in the Resources section of these materials.
B. What is the VA?
The Department of Veterans Affairs (DVA), formerly the Veterans Administration (VA), provides medical care for veterans and their dependents, and pays various benefits to veterans, including compensation for service related disabilities and various other benefits. The Veterans Health Administration (VHA), a division of the DVA, is responsible for providing medical care for veterans and the Veterans Benefits Administration (VBA) is responsible for administering various other benefits including disability benefits. For this reason our discussion will revolve around the functions of the VBA. The VA acronym is still commonly used by veterans and advocates alike to refer to the DVA and its respective divisions, therefore, out of convenience and habit these materials contain references to the VA and should be treated as specifically referring to the DVA and its respective divisions.
C. Current Crisis.
Over the past several years, the VBA has experienced a steady increase in workload - in claims receipts, claims complexity, and more direct contact with increasing numbers of veterans. For example, disability claims from returning war veterans, as well as from veterans of earlier periods, increased by 33 percent from 2000 to 2004. According to Rep. John Hall, Chairmen of the Veterans Affairs Subcommittee on Disability and Memorial Affairs, the VA currently has a backlog of 650,000 pending claims and another 147,000 that are under appeal.
To complicate the problem further, most of these claims were filed by veterans from previous wars (a claim or appeal can be filed years after discharge from service). With veterans returning from Iraq and Afghanistan this backlog is likely to increase. Harvard public-finance professor and former Clinton administration Commerce Department official Linda Blimes released a 34-page study in February 2007 on the long-term cost of caring for veterans from the wars in Iraq and Afghanistan and in it she estimates that more than 700,000 veterans will flood the system in coming years.
After the recent publicity stemming from the incident at the Walter Reed VA Hospital attempts are under way by Congress to overhaul the entire VA system including disability claims. The various proposals run the gambit of extremes and it would be premature to predict the ultimate outcome.
II. CLAIMS PROCESS.
A. Initial Claim.
1. Eligibility.
A veteran, veteran's spouse or dependant of a veteran may be entitled to disability benefits if the veteran suffers a service-connected disability resulting from disease or injury incurred in or aggravated during active military, naval, or air service. 38 U.S.C. §101(2); 38 C..FR § 3.1(d). It is important to note that it is not required that the disease or injury occur in the line of duty (on the job) only that the person be in active military service. 38 U.S.C § 101; 38 C.F.R. § 3.6. For active military this means at any time of the day or week whether at work, at home or elsewhere. For guardsmen/reservists it means only during the window of time that they are on active duty whether it be for mobilization or training. While on active duty guardsmen/reservists are also covered whether on the job or not just as active duty personnel are covered. 38 U.S.C § 101; 38 C.F.R. § 3.6.
In all cases, for the veteran to qualify to apply for disability benefits the veteran must have been discharged under other than dishonorable conditions. 38 U.S.C. § 101(2), 38 CFR § 3.1(d) 2006.
2. Service-Connected Disability.
In order to establish a service-connected disability the veteran must establish that he has a current disability that was precipitated by a disease, injury or event that was service-connected. The disability must result from disease or injury sustained in or aggravated during active duty, active duty for training or inactive duty for training. These terms are defined in 38 U.S.C. § 101. Also, the disability must have occurred in the line of duty and discharge or release must have been under other than dishonorable conditions. The service records of the service-member are generally controlling on the issue a veteran's status.
3. Benefit of Doubt Doctrine (38 U.S.C. § 5107).
If there is an approximate balance of positive and negative evidence after consideration of all the evidence, this doctrine requires that the benefit of doubt as to resolution of each respective issue shall be given to the claimant.
4. Duty to Assist (38 U.S.C. § 5107(a)).
The VA has a statutory duty to assist veterans in the development of facts pertinent to their respective claim, including among other things, the collection of medical records when necessary. Murphy v. Derwinski, 1 Vet.App. 78 (1990), and the providing of a medical examination in most cases. See Robertson v. Prinicipi, (251 F.3d 1378, 1384 (Fed. Circ. 2001) for additional discussion on the VA's duty to assist.
5. How Does a Veteran Make a Claim for Disability Benefits?
Practically any expression by a veteran that he or she might be entitled to benefits should be treated as an informal claim, triggering a response from the VA, but a formal written claim should be filed within a year of the informal claim.
A claim for veterans disability benefits is initiated AFTER departure from military service by filing an application with the nearest VA Regional Office (the Indiana office is located at 575 North Pennsylvania Street, Indianapolis, IN 46204-1526) or via the Internet at http://vabenefits.vba.va.gov/vonapp.
A claim may be for an original determination of service connection, an increased rating for an existing service connected condition, or it may be for an increased rating for an existing service connection. It is not to the veteran's advantage to be too specific about their medical condition or basis of claim. Pursuant to Robertson v. Principi, 251 F.3d 1378, 1384 (Fed. Cir. 2001) the VA has a duty to "determine all potential claims raised by the evidence, applying all relevant laws and regulations."
6. When Must a Claim Be Made?
A veteran should file a claim when he becomes aware of it but may file a claim at any time and may also at any time ask for reconsideration of a prior claim or an increase in disability rating if he has additional evidence. Ratings will be discussed in detail under the section of these materials on Compensation.
7. The Rating Decision.
Upon receipt of the claim documentation the claim will be adjudicated by a rating officer (RO) in the Regional Office. This means that a rating officer in the VA Regional Office will review the claim using a preponderance of the evidence standard and issue a written decision called a Rating Decision. The decision should include references to the specific law and facts relevant to the decision and address the three primary issues including service connection, disability percentage rating, and the effective date of disability. A veteran is generally entitled to payments retroactive to the date of his most recent claim rather than when the disability began. If the veteran is also claiming that he is unable to work due to disability the RO should address the issue in his decision.
B. Appeal to the Regional Office (RO).
1. Notice of Disagreement (NOD).
Veterans and other claimants for disability benefits have the right to appeal decisions made by a regional office. The claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for the claimant to file a written Notice of Disagreement (NOD) with the regional office that made the decision.
2. The Statement of the Case (SOC).
Following receipt of the NOD, the VA may offer the claimant another review of the claim by a Decision Review Officer (DRO). If the VA does not offer the claimant another review the VA will furnish the claimant a Statement of the Case (SOC) describing what facts, laws and regulations were used in deciding the case and a discussion of any evidence submitted after the rating decision. Also, if additional evidence becomes available (from either the VA or the veteran) after the Statement of the Case has been issued, a Supplemental Statement of the Case is required.
The most significant aspect of the Statement of the Case is that it triggers the tolling of time when a formal appeal by the veteran must be filed. A veteran has to file a formal appeal 60 days from the date on the cover letter to the SOC, or one year from the date of the original rating decision.
3. Right to a Hearing.
The veteran has a right to a hearing before the hearing officer at which time new evidence may be submitted and must be considered.
4. Additional Evidence.
A veteran may submit additional evidence that must be considered by the VA and a new adjudication must be made. However, the rating decision is final if the evidence is not received within one year of the initial decision. The veteran may still have his case re-opened if he has "new and material" evidence.
5. Substantive Appeal.
To complete the appeal and move the case to the Board of Veterans Appeals (BVA), the claimant must file a Substantive Appeal by filing a VA Form 9 within 60 days of the mailing of the Statement of the case, or within one year from the date the VA mailed its decision, whichever period is later.
6. What should you as counsel do?
If the veteran has filed the Notice of Disagreement after June 20, 2007 he is now entitled to legal representation as will be discussed in further detail in a later section of these materials.
Initially, counsel should review and obtain a copy of the claimant's C-file from the Regional Office by scheduling an appointment with the Regional Office. You will need an appropriate authorization from the claimant for release of the information.
C. Board of Veterans Appeals (BVA)
1. Generally.
The Board of Veterans Appeals, located in Washington, DC, makes decisions on appeals on behalf of the Secretary of Veterans Affairs. The claimant/appellant may present his/her case in person to a member of the Board at a hearing in Washington, DC, at a VA regional office or by videoconference. Board decisions are reported at www.va.gov/vbs/bva. This website also contains a plain language pamphlet, "Understanding the Appeal Process". A copy of the pamphlet may also be obtained by requesting it in writing at Chief Bailiff (011), Board of Veterans Appeals, 810 Vermont Ave., N.W., Washington, DC 20420.
2. Process.
A BVA appeal can take as long as two and a half years. After the Regional Office receives a VA Form 9, it should certify the appeal and notify the BVA that there is an appeal so the BVA can docket the case. During the pendency of the appeal the BVA will ask for any additional argument and may also order its own independent medical opinion (IME). If an IME is requested the veteran will be given an opportunity to review and respond.
3. New Evidence.
Unlike most appellate rules, the veteran appellant may submit additional evidence during the appeal. If new evidence is submitted the Regional Office must then issue a Supplemental Statement of the Case (SSOC), re-adjudicating the claim with the new evidence.
4. Hearing.
The veteran is entitled to a hearing if requested, which may be held at the RO, by videoconference or at the BVA in Washington DC. The veteran can be represented by a veteran service officer, or an attorney, or can appear alone. Witnesses can testify. Additional documents, including affidavits, may be submitted by the veteran. However, the BVA may only consider this additional evidence if the veteran waives the consideration by the Regional Office Otherwise the case must be returned to the Regional Office.
5. Decision.
BVA ultimately issues a Decision that is very similar to the Statement of the Case in that it references applicable laws and regulations, evidence considered, and provides an explanation of the basis(es) of its decision. Its choices are to deny the claim, to remand the claim for further development, or to grant the claim either in whole or in part. If the BVA rules in favor of the veteran, the case has to be sent back to the RO for calculation and payment of benefits.
6. Appeal.
The veteran has 120 days from the date of the BVA decision to file an appeal.
D. U.S. Court of Appeals for Veterans Claims (CAVC)
1. Generally.
A final Board of Veterans Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), an independent court, not part of the Department of Veterans Affairs.
The CAVC is an Article I administrative law court that meets in Washington DC. The court is made up of seven judges who sit for 15 year appointments. Appellants may represent themselves (initially a majority are pro se) before the court or have lawyers or approved agents as representatives. Oral argument is held only at the direction of the court.
The court's website, www.vetapp.gov, contains court decisions, case status information, rules and procedures, and other special announcements. The court may also be contacted at Clerk of the Court, 625 Indiana Ave. N.W., Suite 900, Washington, DC 20004 or by phone at 202-501-5970.
2. Initiation of Appeal.
Jurisdiction of the Court is invoked by the filing the Notice of Appeal which should be accompanied by the $50 filing fee (may be waived), a Notice of Appearance, and a copy of the fee agreement.
3. Process.
The Secretary of Veterans Affairs is the Appellee and is represented by the Office of the General Counsel of the Department of Veterans Affairs, Group 7 (GCO). The GCO will prepare the Designation of the Record from the veteran's file.
If the veteran disagrees with the Designation of the Record he has 30 days after its filing to identify the records that were or should have been before the BVA. This is referred to as the "Counter Designation of the Record."
The court hears disputes over the record designation and issues a ruling after which the GCO compiles the official record to be used by the Court and mails a copy to the veterans.
Briefing time limits are: 60 days for the appellant veteran from receipt of the Record; 60 days for the Appellee's Response Brief from receipt of the Appellant's Brief; and 14 days for the Appellant's Reply Brief.
4. CAVC Decision.
The CAVC may affirm, remand or reverse the BVA decision.
5. Appeal from CAVC.
Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and may seek review in the Supreme Court of the United States.
III. COMPENSATION.
A. Nature of Benefit.
Disability compensation consists of a monthly payment by the DVA to a veteran for service-connected disability. The payments are based upon disabilities with rating of 10 percent up to 100%. It also provides for special monthly rates for certain serious disabilities. Multiple disabilities may be claimed and separately rated, however, a combined ratings table is used by the DVA that progressively reduces the combined rating as the separate ratings increase. 38 CFR § 4.25. As an illustration, this means that 30% and 40% don't equal 70%. This is commonly referred to as "VA math". Also, a 100% rating may be given to a veteran who has less than 100% disability, but who is unemployable because of service connected disabilities.
B. Payment Rates.
The Compensation Rate Table for disability payments can be found at www.vba.va.gov/bln/21/Rates/comp01.htm. See Appendix A for current payment rates as of December 1, 2006.
C. Offsets and Taxability.
The disability payments are offset by military retirement pay but not Social Security benefits. VA disability income is not considered taxable income by the Federal Government.
D. Compensation v. Pension.
A pension is money paid as the result of any total disability which renders the veteran in need of financial help. The disability need not be service connected. Pensions are needs based welfare and are substantially less in amount than compensation. Pensions are only available to veterans who served during a period of war. A pension is paid in a flat amount, less offsets for other income.
E. Dependent Benefits.
The VA also pays both compensation and pensions to widows and children of disabled veterans in certain limited situations.
IV. ATTORNEY'S ROLE.
A. Historical Perspective.
1. 1862-1988.
An archaic and draconian Civil War era statute effectively excluded lawyers from initial administrative appeals of disability claims. Initially, fees were limited to $5.00 and increased to $10.00 in 1864 which remained unchanged until 1988.
2. 1988-2006.
a. The Law.
The Veterans Judicial Review Act of 1988, specifically 38 U.S.C. 5904, only allowed a veteran to have legal representation after the Board of Veterans Appeals first made a final decision in the case and even then only within one year after receiving an unfavorable decision.
b. Exception.
Attorneys could be paid by a disinterested third party and attorneys could represent claimants before the regional offices and the Board if their services were rendered for free. 38 U.S.C.S. § 5904(c); 38 C.F.R. § 20.609(d)(2) (2005). According to the VA a person is "interested" if that person is the spouse, child, or parent of the claimant, or if that person resides with the claimant or appellant.
c. Fee Limitations.
The fee could not be a contingent fee, it had to be "reasonable" as that term is perceived by the VA, and the attorney had to sign a statement that there was no agreement between the veteran and the third party that the veteran was going to provide anything of value to the third party. This limitation only applies in instances where a disinterested third person pays for representation prior to a decision from the BVA and does not apply after a decision from the Board of Veterans Appeals. At that point the veteran was free to enter into an into a contingent fee agreement.
d. Agents.
Free assistance in the claim process is provided to veterans by the VA. However, over the years various veterans' groups including the American Legion and Veterans of Foreign Wars among others have developed as a part of their core mission a group of Agent volunteers to assist veterans. Their primary role is in guiding the veterans through the collection of records and completion of forms. Their role does not include acting as an advocate on behalf of veterans.
3. 2006 - present.
At the end of 2006 the 109th Congress passed legislation to allow veterans to have legal representation earlier in the appeal process. The new legislation contained in the Veterans Benefits, Health Care, and Information Technology Improvement Act of 2006, S. 3421 as amended, essentially repeals the limitation of 38 U.S.C. § 5904, which only allowed a veteran to have legal representation after the Board of Veterans Appeals first made a final decision in the case and even then only within one year after receiving an unfavorable decision. This new law allows veterans to have legal representation following their first adverse ruling.
This new legislation is not a wholesale repeal of the law restricting legal representation. The new law still does not permit veterans to have legal representation in the initial claim stage, arguably the most important stage; it permits the Secretary of Veterans Affairs to promulgate regulations on who is a qualified agent to represent veterans and lawyers will have to file fee assignments with the secretary.
The effective date of these new changes was June 20, 2007, which was 180 days after the date of enactment of December 22, 2006. As a practical matter this means that claimants that have filed a Notice of Disagreement on or after June 20, 2007 are entitled to counsel who can charge a fee under this new legislation from that point forward. Otherwise, the claim is treated as operating under the earlier provision meaning that representation/fee charging cannot occur until after the first final decision of the BVA.
B. Fee Agreements.
1. Types.
The following fee types are allowed pursuant to 38 C.F.R. § 20.609(e):
- Fixed.
- Hourly.
- Contingency based on amount of benefits.
- Combination of a, b, or c.
2. Reasonableness.
Pursuant to 38 C.F.R. 38 C.F.R. § 20.609(e) fees must be reasonable based on the following factors:
- The complexity of the case.
- The level of skill and competence required of the representative in giving the service.
- The amount of time the representative spent on the case.
- The results the representative achieved, including the amount of any benefits recovered.
- The level of review to which the claim was taken and the level of the review at which the representative was retained.
- Rates charged by other representatives for similar services.
- Whether, and to what extent, the payment of fees is contingent upon the results achieved.
- A fee of no more than 20% is presumably reasonable.
3. Conditions. (38 C.F.R. § 20.609(g)).
Note that these rules may be modified in response to the new legislation as the Secretary promulgates new regulations.
- Must be in writing.
- Must be signed by claimant and attorney.
- Must include veteran's name.
- Must include the C-file number.
- Must include the terms regarding the amount to be paid.
4. Filing.
You must file a copy of the agreement with the Board of Veterans' Appeals within 30 days of execution. Filing requires that it be mailed to: Office of the Senior Deputy Vice Chairman (012), Board of Veterans' Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.
C. Certification.
To charge a fee for representing a veteran in a claim for disability benefits the person must be an Attorney or Agent as defined by 38 U.S.C. § 5904(c)(1). An added feature of the new law is the requirement that the Attorney or Agent be Certified by the Secretary of the VA. The requirements for certification are currently being promulgated by the Secretary as directed by 38 U.S.C. § 5904(a)(2) and require at a basic level that the Attorney/Agent show (i) good moral character, (ii) competency to assist claimants, (iii) have the level of experience or training the Secretary shall require, (iv) certify to the Secretary that the individual has satisfied any qualifications and standards prescribed by the Secretary under this section.
D. Equal Access to Justice Act (EAJA).
The Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412 provides for fees for services performed before the Court of Appeals for Veterans Claims, the United States Court of Appeals for the Federal Circuit and potentially from the Supreme Court. Recovery for EAJA fees requires a showing that the claimant was the prevailing party, the VA's position was not substantially justified, and the claimant's net worth is less than 2 million dollars. It also requires an itemization of the fees and a statement that no special circumstances make an award unjust.
E. Collecting Fees.
1. You may collect your fees from the VA (withholding) or directly from the claimant (non-withholding).
2. Withholding. The VA will withhold your fee if your fee meets the fee requirements outlined in section C above and the fee is contingent on whether the claim is resolved in favor of the claimant, the total fee payable excluding expenses is not more than 20% of the total amount of past-due benefits awarded, and the award includes a cash payment from which the fee may be deducted. CAVEAT: You must notify the agency of original jurisdiction within 30 days of the execution of the agreement and the existence of the agreement specifically providing for withholding of and direct payment of fees from any past due benefits. You must also provide the agency with a copy of the agreement.
3. Attorney Fee Coordinator. Regardless of whether your fee is withholding or non-withholding you should contact the local attorney fee coordinator (Indianapolis office (317) 226-5209). Identify yourself and explain to the coordinator your specific fee situation.
V. POTENTIAL PITFALLS & MISCELLANEOUS GUARD & RESERVE ISSUES.
A. Claims & Appeals.
- Demand all documents in veteran's possession regarding the claim.
- Review documents for deadlines.
- Always request a copy of the C-file.
- Review the C-file.
B. Fees.
- You must notify the agency of original jurisdiction within 30 days of the execution of the agreement and the existence of the agreement specifically providing for withholding of and direct payment of fees from any past due benefits. You must also provide the agency a copy of the agreement.
- Don't wait for the VA to contact your after a decision about your fees. Be proactive if you want paid in the shortest time possible.
C. Other Guard & Reserve Issues.
1. Uniformed Services Employment and Reemployment Rights Act (USERRA).
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is found in 38 U.S.C. 4301-4333 and provides employment rights to service members and prohibits workplace discrimination against members of the National Guard and Reserve.
a. Protections.
The protections afforded servicemembers under USERRA include various benefits and entitlements including reemployment rights and benefits and have various time requirements and limits depending on the right or benefit. See Appendix B for a summary of these protections.
b. Employer Support of the Guard and Reserve (ESGR).
Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency established to create and to maintain employer support for members of the National Guard and Reserve. Through its Ombudsman Program ESGR provides information and assistance to servicemembers to help resolve employment related disputes. ESGR is not an enforcement agency and does not provide legal counsel or advice. Contact information: (800) 336-4590, www.esgr.mil.
c. Department of Labor (DOL).
To the extent that an Ombudsmen is not able to resolve the employment dispute the servicemember may contact the U.S. Department of Labor through The Veterans' Employment and Training Service (VETS). If VETS informal efforts to resolve the matter are not successful VETS will refer the case to the Office of Special Counsel (OSC) if the employer is a federal agency or the Attorney General (AG) if the employer is a state or local government or private employer. The Department of Labor may be reached at (866) 4-USA-DOL or www.dol.gov. The local Veterans' Employment and Training Service office of the Department of Labor in Indianapolis may be reached at (317) 232-6804.
d. Private Counsel.
A servicemember also has the right to private counsel of their own choosing, however, it is at their own expense. Additionally, if a servicemember retains private counsel, even for the limited purpose of making a phone call or writing a letter to the employer, his right to the use of the ESGR and Department of Labor may be compromised. The current position of the Department of Labor is that a servicemember is disqualified from using the DOL if they at any previous point use the assistance of private counsel. 38 U.S.C. 4324(b) (federal employees) and 38 U.S.C. 4323(a)(2) (non-federal employees) permit a servicemember to file suit through private counsel. If the servicemember prevails the employer can be ordered to pay attorney's fees and litigation expenses incurred by the servicemember pursuant to 38 U.S.C. 4324(c)(4) and 38 U.S.C. 4323(c)(2)(B). If the violation is willful an employer may be subject to a double back pay award. 38 U.S.C. 4323(c)(A)(iii) (this does not apply to federal employees). WARNING: Do not take any affirmative action in representation of a servicemember without considering these ramifications.
2. Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act of 2003 (SCRA), 50 U.S.C. 501 (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940, SSCRA) is a federal law that provides servicemembers an assortment of legal protections related to entering active duty. In order to receive protection the servicemember must be able to demonstrate that his military service has had a "material effect on the particular matter." The protection must be asserted during military duty or within 30 to 180 days after service ends depending on the specific type of protection.
a. Six Percent Rule.
Maximum rate of interest on any obligation or liability by servicemember or spouse may not be more than 6% annually during period of active duty service.
b. Lease Termination.
Servicemembers and their spouse and dependants may terminate a residential or automobile lease when called to active duty.
c. Eviction.
Prohibits eviction against a servicemember and dependants while on active duty as long as rent does not exceed $2,615.16 (as of 2006) without court order.
d. Stay of Court/Administrative Proceedings.
A servicemember in service or within 90 days after termination of service may be granted a stay of proceedings for a period of not less than 90 days. Additional stays may be requested and granted.
e. Default Judgment.
A court may on its own motion and shall upon motion by the servicemember stay the execution of any judgment or order against the servicemember and vacate or stay an attachment or garnishment of property, money or debts in possession of the servicemember.
f. Insurance.
Protects the servicemember from termination of life insurance while on active duty and provides for reinstatement of health insurance upon return from active duty.
g. State Tax.
Prevents states from using income earned by the servicemember in determining the spouse's tax rate when permanent residence is not maintained in that particular state.
h. Notice.
Most of the SCRA protections require that the servicemember provide written notice and a copy of his orders. The best practice is to do this as soon as possible and to send it via certified mail return receipt requested.
VI. RESOURCES.
U.S. Department of Veterans Affairs Regional Office
575 N. Pennsylvania Street
Indianapolis, IN 46204-1581
(800) 827-1000
Indiana Department of Veterans Affairs
302 W. Washington Street, Room E120
Indianapolis, IN 46204-7721
800) 400-4520
www.in.gov/veteran
http://www.vba.va.gov/bln/dom/reports/fy2004/2004_abr.pd
This is a source for the 2004 Annual Benefits Report of the VBA which reflects a number of important facts about who is receiving benefits, why, where and how much. The last page contains a number of VA and VA related websites. In 2004, the VA was paying $1.75 billion dollars in compensation and pensions to nearly 240,000 claimants.
Board of Veterans Appeals
810 Vermont Ave., N.W.
Washington, DC 20420.
www.va.gov/vbs/bva
This website includes Board decisions and a plain language pamphlet, "Understanding the Appeal Process".
U.S. Court of Appeals for Veterans Claims
Clerk of the Court
625 Indiana Ave. N.W., Suite 900,
Washington, DC 20004
(202)-501-5970.
www.vetapp.gov
The website contains court decisions, case status information, rules and procedures, and other special announcements.
National Organization of Veterans Advocates (NOVA)
P.O. Box 65876
Washington, DC 20035-5876
www.betadvocates.com
(440) 838-9887
Army Reserve Almanac
P.O. Box 4144
Falls Church, VA 22044-0144
(703) 532-1631
www.militaryalmanac.com
The almanac is a great resource for basic information on benefits including disability benefits that give plain language information and points of contact.
ESGR
(800) 336-4590
www.esgr.mil
Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency established to create and to maintain employer support for members of the National Guard and Reserve. Through its Ombudsman Program ESGR provides information and assistance to servicemembers to help resolve employment related disputes. ESGR is not an enforcement agency and does not provide legal counsel or advice.
Department of Labor
(866) 4-USA-DOL
www.dol.gov
To the extent that an Ombudsmen is not able to resolve the employment dispute the servicemember may contact the Department of Labor which will provide assistance and potential legal assistance through the office of the Attorney General. The local Veterans' Employment and Training Service office of the Department of Labor in Indianapolis may be reached at (317) 232-6804.
Veterans Benefits Manual, Barton F. Stichman, Ronald B. Abrams
(800) 446-3410
www.lexisnexis.com
Federal Veterans Laws, Rules and Regulations,
(800) 446-3410
www.lexisnexis.com
Army Judge Advocate General
https://www.jagcnet.army.mil/legal
This website is a great resource for information regarding Guard & Reserve Issues in the Legal Assistance section including the employment related issues involving the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other mobilization issues involving the Servicemembers Civil Relief Act (SCRA).
