Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Found Receipts! Private Atty Outline- Thoughts- Recomendations

Rate this question


MikeHunt

Question

Found a "Patient Ledger" with a diagnosis ("Dx"), prescription, receipts for medication, and clinic visit dated a few days after my reserve service!!!!!!!!!!! Background is, I'd filed for service connection a long time ago and was denied on lack of an 'Event'- The clinic had closed.

I'd rather not post the diagnosis, but connection would totally make sense if I did. For discretion, I'd rather not have you guess- I'd suspect most of you could come close.

Because of the event's age, subsequent treatment records, and other items, I'm considering a private attorney- all this makes it really complicated, and time consuming for a county officer.

Without any doubt the VA will ask for treatment records that no longer exist, and deny in 30 days when I don't provide.

I *think* any attorney could couch the records in precedent that would make it more difficult to ask for something they know doesn't exist.  Logical?

If so, how does an attorney charge? Are they more likely to try for an appeal to get a bigger retro to have a portion of?

Attorneys have been derided, probably for good reason- since their existence.. have people been 'took' by a private attorney? What would you watch for?

And- Do you feel an attorney helped you more than going through the County officer would?

Last, how would you go about choosing one?

I'm sure this has been brought up before- links are helpful if so.

Really appreciate it- This was a real sore point for years and I'm so happy I found the receipts. I didn't feel any different- But an old friend, a long time ago, said I "really changed" after the illness.

 

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

You would have to give VA New and Material evidence in order to re open this claim...unless you are still within the appeal period.

Only attorneys who are established VA claims attorneys (there is a list of them here somewhere) are qualified to handle VA issues.

If no NOD was filed in time and you are not in the appeal period, vet lawyers cannot help until a denial occurs and a NOD was or will be prepared in time.

"Private" attorneys who specifically handle real estate closings, wills, leases etc, don't have a clue on 38 USC.

"Without any doubt the VA will ask for treatment records that no longer exist, and deny in 30 days when I don't provide."

I think the biggest problem you have is the lack of the "event." as you put it.

"I *think* any attorney could couch the records in precedent that would make it more difficult to ask for something they know doesn't exist.  Logical?"

VA would consider the event never happened ,without proof of it.

So would a lawyer. There are ways to prove 'events'.And VA would want to see subsequent treatment records for the diagnosis you found from the clinic.

 

 

 

Link to comment
Share on other sites

  • 0
On 9/26/2016 at 8:55 AM, Berta said:

If no NOD was filed in time and you are not in the appeal period, vet lawyers cannot help until a denial occurs and a NOD was or will be prepared in time

From veteran's law blog: http://www.veteranslawblog.org/veterans-benefits-attorney-3/

Quote

MYTH #1: You cannot hire a Veterans Benefits attorney until you get a BVA Decision.

This USED to be the law: before 2007.

In June 2007, Congress passed a law that allowed Veterans to hire a VA Benefits attorney after the VA first denies your claim.

The fact of the matter is that you hire a  VA Disability lawyer at ANY time in the VA Claims process.

Some VSOs and attorneys tell you that you can’t hire an attorney until you file a Notice of Disagreement.  This statement is patently FALSE:  here’s the  TRUTH.

Again: http://www.veteranslawblog.org/veterans-benefits-attorney-2/

Quote

You can hire an attorney anytime in the process.

 

I do appreciate your effort.

 

Link to comment
Share on other sites

  • 0

I guess my reply was not clear.Please correct me if I am wrong.

If one does not file a NOD in time, that claim is considered over and done with.Unless they can get the VA to reconsider the untimeless for " good Cause",like if the veteran was suddenly hospitalized prior to the NOD deadline-that might work. That info is in M21-1MR.

Maybe a lawyer Could help with that type of claim for "good cause"...I dont know.....

If a veteran can reopen the claim with new and material evidence, and then get denied again they can obtain a lawyer who might even prepare the NOD themselves.

Chris Attig is a member here and is a Great veteran's  Attorney. It would have helped if you had posted the rest of his article. The key word is Pro Bono and what would they be representing you for? An assumption that the claim will be denied? Have you contacted Chris ? He is very user friendly and might be able to help you prove the NOD was not filed timely due to "good cause".

I have an appeal for the BVA  on the 'good cause' basis which the BVA may or may not address ( this is a small issue, as my appeal involves a bigger more important issue)as it seems to have been denied in the CUE award I am appealing.

My NOD was certainly filed in time. That is not the issue. The issue I raised is that when VA makes a CUE (Clear and Unmistakable error) in a decision,and does not correct it,when challenged, even if the NOD is filed in time, the time frame of the NOD should be extended for 'good cause' because the claimant is filing a NOD on a decision that contains an erroneous legal error to their detriment, and the 'extention' of the NOD time frame would help VA have more time to correct the specific error; thus  the claimant can file the NOD on a legal decision without legal error.  

Feel free to share my comments here with Chris.His info is correct.

But your problem is not a legal issue. It is the "nexus" factor. In my opinion.

 

"A Veterans Benefits attorney can represent a Veteran before the filing of a Notice of Disagreement(in an original claim) on a pro bono basis only

There is one exception – and these cases are getting more and more rare:

If your claim was denied by the VA prior to June 20, 2007, an accredited agent or attorney is only permitted to charge fees for services after the Board of Veterans’ Appeals issued a first final decision in the case.

Now, this begs the question: can you hire an attorney help you BEFORE the VA denies your claim?

Yes, you absolutely can.

But the attorney cannot charge you a fee."

(source...above link in prior post from Chris Attig's site.

 

 

  •  
     
     
     
     
     
     
     
     
     
     
googlelogo_color_112x36dp.png"

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I believe your correct Ms Berta   after NOD one year time limit runs out  the claim is closed out  and only if the veteran him/her self can show'' good cause'' will the VA take note and its up to their digression to continue with the claim. (usually a medical emergency is ''good cause''

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

 This may not be on this subject but just thought I'd toss it out there for the vets that don't know?

As for as ANY dealings with the VA  On anything  its always best to get your self  a date stamped from the VA Employee's TO SHOW YOU WERE THERE YOU TRIED TO GET WHAT EVER

No matter what the cause make sure you get proof for yourself that you were there no matter what the cause.

It could very well come in handy for you down the long road of VA Appeals.

if you work your claim yourself   its good to have your VSO date stamp your documents you send the VA Before you send them in.

 or another example

Even if you had an appointment to go see your C-FILE at your R.O. and they can't seem to find it and ask you to just come back next week  or what ever excuse they give you...be sure and get them to get you a form and have them to date stamp that form to show you reported for your Appointment on that date and they could not locate your C-FILE..These little things could sure prove to be worth your time a trouble later on.

jmo

....................Buck

Link to comment
Share on other sites

  • 0
  • Moderator

I say hire an attorney, if you feel so led.  NOVA (National Association of Veterans Attorney's) is a good place to start.  Attorney NOVA directory is here: https://vetadvocates.org/welcome/find-an-attorney/  You want an experienced attorney who represents Veteran claimants against VA.  

If you take your claims file to a NOVA Attorney, ask their opinion, that is, will they represent you.  Many NOVA attornies will review your file to see if your claim has merit, and then you can decide if you want them to represent you.  

As far as cost, there are limits on what an attorney can charge Veterans.  First and foremost, The EAJA pays to attorney fees for many if not most Veteran claimants.    If your attorney charges MORE than EAJA fees, these fees have to be approved by the courts before VA will send the attorney money due to you.  

Personally, Im represented by an attorney and my cost is "0", because the attorney agreed to do it just for EAJA fees, at no cost to me.   They may or may not do the same for you.  

However, ONCE YOU HAVE A BVA denial, it is usually fairly easy to get an attorney to represent you for "only" EAJA fees.  Reason:  CAVC appeals go much faster than BVA, and, in many cases, the CAVC will be decided within a year or less.    Mine was filed in the spring of this year, and probably will be done before Christmas.  

Personally, I have had good luck so far with Julie Glover, who does Veterans law and nothing else:

http://gloverluck.com/

 

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use