The case of Walters v. National Association of Radiation Survivors, 1984, revolved around a statute limiting the fee that an attorney could charge a veteran for representation in obtaining benefits from the Veterans' Administration (VA) to $10. The National Association of Radiation Survivors and other plaintiffs challenged this law as unconstitutional, arguing it violated their First Amendment right to associate with counsel and their Fifth Amendment due process rights by denying them effective legal assistance. However, the Supreme Court upheld the constitutionality of this limit in a 6-3 decision. The majority opinion held that while veterans had a property interest in VA benefits which was protected by due process, these interests were not infringed upon by limiting attorneys’ fees because there were sufficient alternative means available for veterans to obtain competent advice on presenting claims before VA adjudicators.

In the dissenting opinion for Walters v. National Association of Radiation Survivors, Justice Thurgood Marshall argued that the $10 limit on attorney's fees in veterans' benefits cases was unconstitutional. He believed it violated due process rights by effectively denying claimants access to legal representation. He pointed out that this fee cap had not been adjusted since 1864 and did not reflect current economic realities, making it nearly impossible for veterans to secure competent legal aid in complex claims processes. Furthermore, he disagreed with the majority's assertion that Veterans Administration proceedings were non-adversarial; instead, he saw them as inherently adversarial given their complexity and high stakes involved for claimants who often face significant health issues or financial hardship. In his view, allowing reasonable attorney’s fees would ensure fairer outcomes without undermining the VA system’s efficiency or accessibility.