On November 20, 2012, the Federal Circuit issued an opinion in Pitts v. Shinseki regarding whether a veteran has the right to effective assistance of counsel before the Court of Appeals for Veterans Claims (CVAC) under the U.S. Constitution. The Federal Circuit held that “the right to the effective assistance of counsel does not apply to proceedings before the CVAC.” In analyzing effective assistance of counsel in civil cases the Federal Circuit noted “[p]roceedings in veteran’s benefits cases are of course important to claimants, but they are directed at the adjudication of property claims, not liberty interests.” The decision can be accessed at Pitts v. Shinseki.
Fink Rosner Ershow-Levenberg provides comprehensive representation before the VA for both veteran and survivor benefits. If you have questions regarding your compensation or pension claim, please do not hesitate to contact me for a free consultation at sdirector@FRE-L.com or through our website at www.finkrosner.com.