Prior to June 20, 2007:

The law prior to June 20 provided that, except in the case of certain loan guaranty and insurance claims, “in connection with a proceeding before the Department [of Veterans’ Affairs] with respect to benefits under laws administered by the Secretary [of Veterans’ Affairs], a fee may not be charged, allowed, or paid for services of agents and attorneys with respect to services provided before the date on which the Board of Veterans’ Appeals [BVA] first makes a final decision in the case.”  38 U.S.C. § 5904(c)(1).  In effect then, a veteran or survivor could not retain an attorney to represent him or her in their claim for veterans’ benefits until after they received a final decision from the BVA.  Once a claimant received a final decision from the BVA, he or she could retain an attorney to represent them before the VA and in federal court. 

On and After June 20, 2007:

Congress recently amended the law to allow attorneys to be retained once a notice of disagreement is filed with a decision of a Regional Office or other VA agency of original jurisdiction, rather than having to wait until a final decision from the BVA.  However, the law provided that this change shall not go into effect and will only apply to claims where the notice of disagreement (NOD) is filed on or after 180 days following enactment of this law, or June 20, 2007.  Pub. L. No. 109-461, Title I, § 101, 120 Stat. 3405 (Dec. 22, 2006). 

NOD Filed Before June 20, 2007—If your claim has been denied by the BVA, in whole or in part, and you have not already hired an attorney to represent you, you may contact Mr. Leonard to represent you at the address and telephone numbers provided in Contact Mike.

NOD Filed After June 20, 2007—If the RO has denied your claim within the last year, in whole or in part, and you did not file a notice of disagreement with that decision prior to June 20, 2007, you may contact Mr. Leonard to represent you at the address and telephone numbers provided in Contact Mike.