United Spinal Association Opposes Proposed VA Regulation Provision That Would Discourage Attorney Participation in Veterans Claims
New York, NY––United Spinal Association, a national veterans service and spinal cord disability organization, today announced that it is against a proposed VA regulation provision that would require attorneys to pass a written examination on veterans law before they could represent a veteran in a claim for VA benefits.
Among its many provisions, “The Veterans Benefits, Health Care, and Information Technology Act of 2006” eliminated the Civil War-era prohibition against veterans hiring attorneys until the VA claims and appeals process had been exhausted. The new law allows veterans to hire attorneys as soon as they appeal an original VA denial of benefits.
In its comments to this law’s proposed rules, United Spinal Association supported a number of VA-proposed safeguards, including restricting the amount of fees an attorney can charge, reviewing all attorney fee agreements in advance, requiring proof that attorneys are members in good standing in their state bars, and mandatory reporting requirements concerning bar suspension and expulsion.
“The attorney examination requirements in the VA’s proposed regulation are an attempt to discourage as many attorneys as possible from representing veterans and their families in VA disability and survivor benefit claims,” said United Spinal President and CEO Paul Tobin, a disabled veteran himself. “Many attorneys who would otherwise represent veterans without charge or on a contingency basis will simply turn to other clients and cases. Given all of the other safeguards built into the regulation, attorney examinations are not necessary.”
Tobin added, “the legal profession has evolved dramatically since the Civil War. The practice of law is regulated at both the state and national levels. Through research and other skills, attorneys routinely develop expertise in all types of legal matters, including veterans benefits law. There is no valid reason to make it more difficult for attorneys to represent veterans than any other citizen.”
Established more than 60 years ago by a group of paralyzed World War II veterans, United Spinal Association, with more than 8,000 members, is the fastest growing organization in the country dedicated to serving people with spinal cord injuries and disorders. Through their efforts to secure better health care, accessible public buildings and transportation, and equal opportunities in the workplace, these veterans continued serving their country long after leaving the battlefield. Today, that legacy lives on in United Spinal’s expanded mission to serve not just our brave veterans, but all Americans living with paralysis or other mobility impairments. For more information, please visit www.unitedspinal.org.