Dr. Ebert has a special
place in his heart for veterans. He is a lifetime member of
the Disabled American Veterans organization (DAV). He first
discovered veteran’s law when his elderly father applied for
benefits from his injuries he sustained on the battlefield
in France during World War II as an Army infantryman. Later
he became a member or the Army Air Corp which eventually
became the U.S. Air Force. Bruce fought the Department of
Veterans Affairs (VA) for nine years to eventually obtain
the benefits his father deserved. Donald C. Ebert passed
away as a fully recognized disabled American veteran. This
remains one of Dr. Ebert’s proudest memories. Mr. Ebert’s
military service was so important to him and profound that
he asked and was granted burial in his military uniform.
The long battle Bruce fought
for his father coupled with the fact Bruce is also a
disabled veteran inspired him to fight for other veterans.
In all cases the first step is to apply for benefits with
the VA. Generally, any veteran who sustains and injury or
develops an illness while on active duty is entitled to
service connected benefits. Dr. Ebert handles the more
difficult case. For individuals in Northern California
veterans must file for compensation at the Oakland Regional
Office in Oakland, CA.
If a claim is rejected by the
regional office staff the veteran must file an appeal with
the Board of Veterans Appeals (BVA). In this process the
veterans may present all types of evidence and is entitled
to a hearing. Dr. Ebert has presented many cases at BVA
hearings. These hearings take place generally at the
regional office before an administrative law judge. There
are other ways to have a hearing such as with a tele-conference
using advanced video equipment. Decisions from these
hearings generally take a long time. If the decision is
against the veteran the person may file an appeal. This
appeal must be filed within 120 days of the date of the BVA
decision. It is file with an independent judiciary composed
judges who do not work for the VA. Since its inception in
1988 the U.S. Court of Appeals for Veterans Claims has
developed its own set of case law and it has its own Bar.
Dr. Ebert is a member of the
Court’s Bar. There is a somewhat complex procedural process
in cases before the Court. Dr. Ebert has had many cases
before the Court. The Court has a very helpful website at
www.vetapp.gov. On the left hand side of the website for
the Court fourth item down is a link to the Courts Rule and
Procedures. It is important to know and understand these
rules because it is a Court of law and a special Court of
Appeals. Over the years the Court has developed its own case
law and general legal principles applicable to veterans.
There are many reasons why someone should be represented at
this level. One of the reasons is that the rules and
procedures can be complicated at times. Every single case
filed at the Court can be tracked to know exactly where the
case as at any given time. All cases are initially decided
by a single judge. If the decision is adverse to the veteran
counsel can petition for a review by a three judge panel or
even the entire Court.
There is a small group of
experts who represent veterans from around the entire
country. This group is called the National Organization of
Veterans Advocates. They have their own website with
valuable information about benefits and attorneys with
special training. There site is at
www.vetadvocates.com. The group offers two special
workshops each year for its members. This entails unique
training for NOVA members including a case law update and
trends in VA decisions. Many of the members are at the lead
in creating new avenues for veterans. Dr. Ebert has been a
member of NOVA for several years.
If a veteran loses at the
Court there is another avenue of appeal. It is to the
extremely prestigious United States Court of Appeals for the
Federal Circuit in Washington, D.C. This Court has
demonstrated it has a sophisticated understanding of
veteran’s law. Bruce has had the honor of arguing one case
at this Court. The final stop for veterans is the United
States Supreme Court. Appropriately, the Supreme Court has
issued some profound decisions assisting veterans. This
description is simplistic because there are all kinds of
procedural steps at each level. In many cases the VA Court
will send a case back to the BVA and they will send it back
to the Regional Office where it may sit for months or even
longer. Then the process could begin all over again.
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