Department Of Veterans Affairs Your Rights To Appeal Our Decision (Page 2 of 2) in pdf

Can I get someone to help me with my appeal to the Board? Yes. You can have a veterans' service

organization representative, an attorney-at-law, or an "agent" help you with your appeal. But you are not

required to have someone represent you. It is your choice.

Representatives who work for accredited veterans' service organizations know how to prepare and

present claims and will represent you. You can find a listing of these organizations on the Internet at:

A private attorney or an "agent" can also represent you. If applicable, your local bar association may

be able to refer you to an attorney with experience in veterans' law. VA only recognizes attorneys

who are licensed to practice in the United States or in one of its territories or possessions. An agent is

a person who is not a lawyer, but who VA recognizes as being knowledgeable about veterans' law.

Do I have to pay someone to help me with my appeal to the Board? It depends on who helps you. The

following explains the differences.

Veterans' service organizations will represent you for free.

Attorneys or agents can charge you for helping you under some circumstances. Paying their fees for

helping you with your appeal to the Board is your responsibility. If you do hire an attorney or agent

to represent you, one of you must send a copy of any fee agreement to the following address within

30 days from the date the agreement is executed: Office of the General Counsel (022D), 810

Vermont Avenue, NW, Washington, DC 20420. See 38 C.F.R. 14.636(g). If the fee agreement

provides for the direct payment of fees out of past-due benefits, a copy of the agreement must also be

filed with us at the address at the top of our letter. See 38 C.F.R. 14.636(h)(4).

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VIDENCE?

Yes. You can send us more evidence to support a claim whether or not you appeal to the Board. If you want

to appeal, though, do not forget the one-year time limit!

If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you

can. We will consider your evidence and let you know whether it changes our decision. Please keep in mind

that we can only consider new evidence that: (1) we have not already seen and (2) relates to your claim. You

may give us this evidence either in writing or at a personal hearing.

In writing. To support your claim, you may send documents and written statements to us at the address on the

top of our letter. Tell us in a letter how these documents and statements should change our earlier decision.

At a personal hearing. You may request a local hearing with us at any time. This hearing is separate from

any Board hearing you might ask for later if you appeal. We do not require you to have one. It is your choice.

At this hearing, you may speak, bring witnesses to speak on your behalf, and hand us written evidence. If you

want a hearing, send us a letter asking for a hearing. Use the address at the top of our letter. We will then:

arrange a time and place for the hearing

provide a room for the hearing

assign someone to hear your evidence

make a written record of the hearing

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We will review the record of the hearing and other new evidence, together with the evidence we already have.

We will then decide if we can grant your claim. If we cannot grant your claim and you appeal, we will send

the new evidence and the record of any local hearing to the Board.

BACK OF VA FORM 4107, SEP 2009

SUPERSEDES VA FORM 4107, NOV 2008,

Adobe LiveCycle Designer 7.1

WHICH WILL NOT BE USED.

Department Of Veterans Affairs Your Rights To Appeal Our Decision Page 2

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