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Evans, Berkley Introduce Legislation to Allow Veterans a Choice in Representation

03/09/06

Washington, DC - Congressman Lane Evans of Illinois, Ranking Democrat on the
House Veterans' Affairs Committee and Congresswoman Shelley Berkley of
Nevada, Ranking Democratic Member on the Committee's Subcommittee on
Disability Assistance and Memorial Affairs, today introduced a bill (H.R.
4914) that would permit veterans to hire an attorney when they disagree with
a benefits claims decision of the Department of Veterans Affairs (VA).

Currently, veterans are not allowed to hire an attorney until the end of the
administrative appeals process, specifically, after the Board of Veterans
Appeals has rendered a decision.

"We recognize that many fine veterans service organizations have
traditionally provided full representation to veterans and their families
without cost and expect that these organizations would continue to represent
most claimants. Nonetheless, we believe that in this day and age, veterans
should not be prohibited from hiring an attorney if they choose to do so,"
said Evans.

"I hear from Nevada veterans all the time who wish to hire an attorney to
represent them in a VA matter, but cannot do so because of this needless
restriction. There is no good reason why Congress should prevent veterans
from exercising their choice to seek legal representation. We should have
ended this outdated prohibition dating back to the Civil War ages ago," said
Berkley.

The restriction on attorney representation dates from the Civil War era when
concern for attorneys preying on sick and disabled veterans resulted in
legislation which limited the fee attorneys could charge to $10.00.
Although the $10.00 limit no longer applies, veterans are currently
prohibited from hiring an attorney to appeal an initial VA decision.

Evans and Berkley said the "Veterans' Choice of Representation Act" responds
to a January 22, 2006, Washington Post article which questioned: "If
American soldiers are mature and responsible enough to choose to risk their
lives for their country, shouldn't they be considered competent to hire a
lawyer?"

For more information: http://veterans.house.gov/democratic/welcome.htm

written by: Congressman Lane Evans (D-Illionois)

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