ATCJen

@broncovet, Amazing advice, thank you. 

ATCJen, I would take Pete992s advice about the NOD, and look around for a good experienced attorney that knows VA claims. I have Piemonte Law Firm myself, and they are excellent, but i live in NC. Not sure which state your in, but if you let us know someone might know of a good firm in your area. You can submit your evidence, records, etc to them before you move, and they should still be able to work with you. Good Luck!

Hello! 
I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. 
It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist
10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST)
12/2015 I had C&P with a civilian provider.
1/2016 I am rated 100% with housebound SMC for this disability alone. 
Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems.
SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. 
My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. 
I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. 
Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did.  
Here is the link to the post that followed me on this journey.
The crazy one is back.  First things first, if you have not already when you move you should file a claim for SSDI (Social Security Disability Insurance). As for filing a CUE claim and seeking an attorney. The best thing I can say is when choosing an attorney you do not have to choose a local attorney. There are attorneys all over that will take your case but as for filing the CUE claim. In your particular situation, your claim is not ripe for filing a CUE claim because it has not been a full year yet and it is just as likely that you can win the same benefits without filing a CUE claim and simply filing a NOD (Notice Of Disagreement).  At the present time it is best to file a NOD and request an EED based on 38 CFR 3.156, 3.159 and any other regulations you can find.  For those of us that been around for a while we have seen DROs do some crazy things, I mean tell a veteran one thing in a hearing and then change their mind when it comes to the paperwork just like my good ole buddy VLJ did me when I finally said that it was time for me to get a law dawg. With Cue claims a veteran can file them at any time but they have to be very specific in VA laws and regulations and the veteran gives up the benefit of doubt factor and the veteran only has one(1) full year to file his/her NOD. Also keep in mind where ever you go hadit.com will be here also. So you will still have help and friends. It may be different now but DROs were known for rubber stamping denials without really reviewing the evidence forcing the veteran to file an appeal to the BVA, so I would say that it is your call. We all have different experiences with both DROs and BVA Decisions just be prepared to fight. I hope you don't mind that I posted another post you made for a little clarity.  I want to make sure that I read that you just recently was awarded your 100% in January 2016. 
 

Yes, well said Horizontal Mike! ATC Jen, i would definitely hire an attorney in your situation. The only trouble at the moment is, you will be moving and your not certain where that will be. I am not certain about CUE standards, but your RO may have done just that when they received correspondence from you unopened and closed your case. I would contact a knowledgeable attorney and speak to them about your situation. Tell them you will be moving soon and im certain they can give you good advice on fastest route for your claim. If it is a CUE, that should be faster than filing a NOD, but if it is not, you dont want to miss that deadline. I hope this helps, and wish you success!

Absolutely!  When my appeal went to DRO last July 2015, my lawyer talked the DRO into doing an "informal" hearing (kind of like a remand to the medical raters).  This like getting two DRO hearings at the price of one, IMO.  PLUS, my lawyer was able to steer the questions that he wanted the rater(s) to revisit, since they missed valid points/concerns on their first "opinion."  I would never have thought about doing such, but the lawyer has been there, done that, many times before (and possibly with this very DRO).  FWIW, my lawyer will end up with ~$16-$18,000 of my retro, once the effective date is corrected.  Money well spent, especially since my lawyer has a sizable dog-in-the-fight, so to speak.
RE the transfer:  Can't help you there, as I do not know.

According to the BVA chairmans report, for 2014, claimants represented by an attorney "lose" (get denied) just 13% of the time.  Most VSO's "lose" about 22to 26 percent of the time.  So your odds are much better with an attorney.  Check the BVA chairmans report yourself for more details.  
The only good reason to hire an attorney is that they make you money.   Obviously 80% of something is more than 100% of nothing.  
My opinion is the most difficult aspect of VA law is on effective dates.  The Veterans Benefits Manual has about 50 pages (not including case law).  
CUE, when its included, is even more complex.  I would not recommend you represent yourself UNLESS you do all of the following:
1.  Order a copy of your C file, and read it over, becoming very familiar with it. 
2.  Order a copy of the VBM, Im not sure but they are about 150 to 250 dollars depending on whether you want digital, paper or both.  I have both.  
3,  Be prepared to spend the time and effort to research case law.  I usually spend between 10 to 20 hours per week on studying reading, filing, etc, etc.  
4.  Have great writing skills, and great computer skills.  You should have a printer, a great place to organize documents, be willing to spend some money.  You will need the internet, a working printer, postage, access to post office, (software may save time), such as searchable software, especially if you get your cfile on DVD.  My cfile is 1400 pages, just since 2009 and much bigger now.  
5.  Have great organization skills, extreme patience, and are willing to commit at least 5 years doing all thse things.  You also need a "stable" address where VA can send notices, as if you dont get them, its gonna be even more difficult.  You also will need to read hadit probably at least a few hours per week, just to keep up with VA's constant changes.  
    If you can give yourself an "A" in all 5 categories, above, then you can probably represent yourself.  If you give yourself much less than an A in all 5 categories, an attorney may be a good idea.  
    Even if you perform all the above perfectly, you may not save any money by not hiring an attorney.  Why?
Because often your attorney costs you zero, for one of several possible reasons:
1.  He gets the EAJA to pay all or part of your fees so you have to pay little or nothing. 
2.  You get a pro bono attorney. 
3.  The attorney gets MORE for you than you could get for yourself.  Hypothetical example:
    You think you deserve 2 years retro.  An attorney finds something that he is able to convice the VA is an informal claim OR he finds a document that would count as a 3.156 claim, and he gets you 4 years retr instead.  .  In this example you pay 20% and get 50%.  
     So, in addition to the fact that attorneys are less likely to get denied, when you do get awarded, the retro with an attorney is often more.  
     Let me put it another way:  People who get six figure retro checks ALMOST ALWAYS have an attorney, because those come out of the CAVC.  Generally, the RO and the Board "dont do" six figure retros, they just deny them and make you force the issue by going to the CAVC judges.  
     Dont get me wrong.  Im all about saving money.  Have you ever got a "free" burglar alarm, or something "free" that wound up costing more than if you would have just bought it?  Most people have.  
    There is a reason why people hire attorneys, they do it because it makes them money.  
    To win a large retro check you need top notch representation.  Yes, you can raise your skill level, but, unless you are willing to do that, an attorney is your best bet.  
    If you are homeless, or might be in 5 years, get an attorney.  
    

Hello! 
I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. 
It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist
10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST)
12/2015 I had C&P with a civilian provider.
1/2016 I am rated 100% with housebound SMC for this disability alone. 
Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems.
SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. 
My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. 
I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. 
Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did.  
Here is the link to the post that followed me on this journey. 
 

FIGHT! Keep fighting! Never give up! 
 
 

@flores97 @HorizontalMike @pete992 Thank you for the input. in your experiences, do you all think opting for the DRO route still supports the decision to hire a lawyer? Its what I am considering over the traditional appellate review process. For some reason I feel it will be "easier" that way in my circumstance. Maybe I'm wrong. Help me figure it out, please?
Here's my "circumstance": My husband is active duty and we will be PCSing to god-knows-where in about a month and a half. It's either WA, CA, or VA. He's an aviator and they get orders at the last imaginable minute. I know I have to update my addresses with both the benefits and medical sides of the VA as soon as I move. I also know I have to register at the new VAMC. What I don't know is what this will mean for this appeal. Does it mean anything at all? Will it just "transfer" to the new VARO once I'm in the new system? Should these circumstances affect my decision to choose a DRO? 

Justrluk, I agree with Pete, it is up to you. I would think it depends on how much retro you have at stake. If there is a good amount, of course the attorney is going to fight tooth and nail to get it for you so they will get paid as well. If it is for a lesser amount I would go as far as possible on my own before hiring an attorney at CAVC.  

The crazy one here, as for me, I have a degree in administration and I read VA regulations a lot.  One of my problem is that my medication will send my brain into fantasy land and it is very hard for me to focus and concentrate on anything but there are times when I can sit down and get to business.  Of course this particular claim was building and I felt that I had nothing to lose.  After my video conference I felt that I would win a lot sooner but I never expected VA to deny the claim on remand then the second time I got really irritated when the BVA VLJ denied my claim I was more than livid. Man you know the old Flintstone cartoon where you see steam and smoke coming out of Fred's head, that was me.  But I realized that I had to do something positive with that anger so I hired an attorney.   
Justrluk, IMHO that is totally up to you.  One of the things that really p*ssed me off is during this time I informed VA that I was having financial problems.  I can't say that they (VA) deliberately overlooked my evidence or ignored it but I sent them everything and they would not help even after my VA doctor told me to quit my job. I felt that I knew enough to get the benefits that I qualified for due to that fact that I knew I would be starting all over again in life with nothing so the retro was/is desperately needed.  Keep in mind that VA will not roll over easy and you have to be prepared to fight.

So, after reading the responses I'm a little fuzzy: would y'all recommend filing the NOD for EED then seeing what happens, or hire the lawyer and have him or her file it for me? I've looked through the BVA decisions and found successful cases granting EEDs, copied the VA language and applied to my particular claim. I'm waiting to send it in as I consider the discussion in this topic.

Pete992, that is outstanding on the win! It is incredible that it had to be remanded three times? Four? To get the BVA and the RO to do the right thing. I hope you have received or will get every penny of retro coming to you. The reason i think its better to have an attorney at BVA level is time. If we get denied at BVA and appeal, thats adding on years. Also we would still have to hire an attorney to go to CAVC. I was fortunate enough, or am fortunate enough, to have an excellent attorney. I believe its a lot better to get 80% of a nice retro, then 100% of no retro. Of course there are alot of smart veterans that do everything pro se, and are very successful, but i think it generally takes a little longer. jmo

ABSOLUTELY CORRECT!
The conversations I have with my lawyer have really awakened my knowledge of just how the VA plays their game and the tricks that they pull.  My lawyer also points out several tricks/procedures that they can use to circumvent the VA's procedural methodology in openly trying to deny your claim.  Do NOT for a second, think that the VA has your needs for compensation "in their heart".  THEY could care less.
Hire a good lawyer, after all the VA has their own small army of lawyers and raters who actually work at denying you.  It is only AFTER the VA has been backed into a corner that they will begrudgingly give you your earned benefits, and THEN they will try to short-change you on the effective date hoping you will take the small check and go away.  Do NOT let the VA'turds win!

Flores, I did the video teleconference myself because my VSO screwed me and my VLJ remanded my claim twice to try to get the local RO to grant my claim but when they refused the third time the BVA VLJ denied my claim so I hired an attorney an filed a claim to CAVC and there it was remanded back to BVA and then BVA granted my claim. VA had already granted me 100% P & T and contacted me and ask me if I was interested in dropping my appeals and I told them no.  I knew that even though I was rated 100% P & T this claim needed to be adjudicated and it could be a decent amount of retro due me. 

ATCJen, I agree with Pete, but there are some advantages to having an attorney when you are about to take on BVA. I hired an attorney myself at that level for two reasons- First, i figured the attorney would know the complicated and ever changing VA laws much better than me, and they do-if you do your research and pick a good one. Second, i elected a BVA videoteleconference hearing, and i also figured that my attorney would know which judges were presiding that day, alot of times the attorneys know the judges and establish a working relationship with them. This shouldn't matter, they should treat you the same, but..Lastly, i researched quite a few BVA decisions, and i noticed a pattern. It seems when you go to BVA represented by an attorney, they are more inclined to-if not grant your claims, at least nit to bend over backwards to deny. Again, that shouldnt matter, the evidence should speak for itself. But i will say this, four years of 100% retro is a nice sum, and I would imagine you will have lawyers fighting over the chance to represent you. It really depends on how long you want to wait, but if you dont mind waiting and the BVA does deny, you will definitely need one. I wish you luck, since you won your 100% on your own i would say you have a good chance!

Hello, Shipmates. I am beginning this NOD journey this week and I am wondering what experiences you guys have with lawyers that specialize in VA claims and appeals? Mainly, I am wondering what a lawyer can do for me that I can't do myself? Can they get me through the process quicker? What exactly can they do? Off hand I want to say "not much" other than fill out the paperwork and file on my behalf, but what good does that do me? I have my wits about myself and I'm able to fill out the paperwork, gather evidence, etc. I've always opted to act pro-se as much as possible. I handled my own divorce, my children's name changes (10X more complicated than a divorce, believe it or not) Am I being shortsighted? 4 years of 100% back pay is substantial and I wouldn't mind paying a lawyer if they actually helped me with something I could never do myself. Does any one have any experiences they can share with me? 
Background:
 I won a claim 100% scd for MST/PTSD and that was half the battle. The other half is that the VA closed my original claim for this 4 years ago without ever notifying me. I'm filing for the original 2011 ED. They claim I WAS notified but i moved  or ignored them because their mail had returned to them unopened and that they tried calling me ONCE and my phone was disconnected. I have proof to the contrary of both of their statements which I submitted for their review along with my ptsd/mst evidence. They ignored it. Now I have to fight this. 

Looks I won't need to do any of that.  My appeal was completed today, and got an increase from 0% to 30% for my appeal, plus, 30% for sleep disorder.  And, kept my date of 4/14!!  That put me 80%!!
thanks for all the support!!!

The crazy one here, IMHO at this point you do not need an attorney.  File your NOD do all the paperwork and the leg work up to and allow your claim to go through BVA. If BVA continues to deny your claim and you choose to continue your appeal to CAVC (Courts of Appeals for Veterans Claims) then it is time to get an attorney.  At this stage most attorneys do not charge veterans, they can get their pay from EAJA (Equal Access to Justice Act 1980).
In the case of a veteran, this means that if he prevails at the U.S. Court of Appeals for Veterans Claims, his attorney can apply to have the VA pay the legal fee. To prevail, the attorney would have to get the claim remanded or reversed. The payment of attorney fees under the EAJA works like a contingency fee—that is, the attorney can collect a fee only if he prevails in the appeal at the U.S. Court of Appeals for Veterans Claims.
http://veteransdisabilityinfo.com/resources/what-about-attorney-fees-representation-cavc

^^^^ Good advice here. It's how I got an increase (10%-50%) and permanent status for migraines. FDC with a DBQ filled out by your doc. 

Devildog, I would still try the complaint route first. If you want the fastest route, filing a new claim as an FDC would probably be quickest. If you dont have an IMO to put in with the claim, I would get a dbq filled out by one of your physicians if possible. That should prevent you from having to go to another c&p.

Congrats! 

ATCJen
If you filed a claim for this MST & PTSD 4 years ago  yes you definitely have 4 years of retro coming  if you have your proof  and your copy of your claim from 4 years ago  THIS IS WHY ITS VERY IMPORTANT TO CERTIFY ALL CORRESPONDENCE WITH THE VA AND KEEP COPIES OF EVERYTHING.   
definitely NOD that EED.
 
...................Buck

ATCJen, congratulations on your rating and I truly hope you are successful in getting your EED for your 100%, stay strong and best of Luck!!

ATCJen, I'm happy to hear of your win!

Hello! 
I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. 
It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist
10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST)
12/2015 I had C&P with a civilian provider.
1/2016 I am rated 100% with housebound SMC for this disability alone. 
Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems.
SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. 
My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. 
I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. 
Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did.  
Here is the link to the post that followed me on this journey. 
 

FIGHT! Keep fighting! Never give up!