Emily exclusively specializes in appeals of denied veterans' benefits. If a veteran files a claim for benefits with the Veterans Administration ("VA") and is denied, he/she may file an administrative appeal of the VA decision within one year. This begins the VA administrative appeals process, which may continue through various VA appellate avenues until the Board of Veterans Appeals makes a determination with regard to the veteran's appeal for benefits. If the Board denies the veteran's appeal, Emily provides representation to veterans through the federal court system, beginning with the United States Court of Appeals for Veterans Claims ("CAVC"). If the veteran's case is remanded back to the VA administrative level for further development, Emily provides representation to veterans at that stage of the appellate process as well.
Emily has experience handling a broad range of VA disability benefit appeals, such as denials of service connection for both physical and mental disabilities, including disabilities resulting from toxic exposures and mental disabilities such as PTSD, denials of earlier effective dates for service connected disability compensation, denials of increased disability ratings for service connected disabilities, denials of survivor benefits for veterans' families, and numerous other claims. In each case, she believes that personalized attention to each veteran's case is both valuable to the veteran's understanding of his/her appeal, as well as necessary to the success of the appeals themselves.
As a historical note, prior to 1988, veterans had no right to judicial review of benefits denied by the VA. A veteran's right to appeal denials of VA benefits only became available when Congress passed the Veterans' Judicial Review Act of 1988, which established United States Court of Appeals for Veterans Claims. Veterans law and the handling of veterans' appeals is a relatively new and rapidly evolving area of law, with endless nuances that require intimate knowledge of the VA regulatory system as well as the process necessary to successfully appeal denied claims at both the administrative agency and federal court levels. Choosing an experienced, VA accredited attorney like Emily, who specializes solely in veterans law and has longtime familiarity with appellate procedure within the VA and the federal court system, is a distinct advantage to veterans and their families throughout the appeals process.
