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grent
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Posts posted by grent
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just have a question
what do i do if i get dropped by lawyer ??
do i have to pay a bill
do i get my records back??
also i see on other web sites vets getting dropped by their lawyers i guess the lawyer gets paid out of some federal fund
it appears to me the lawyers are opting out and filing to get the fee out of this vja fund rather than waiting 6 - 7 years to see if the vet wins
any advixe on who to get for a lawyer in case i get dropped?? lot of lawyers aer opting out to get the cash rather than waiting for a case
Bargmann anfd moore seem to mentioned a lot??
thx
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just have a question
what do i do if i get dropped by lawyer ??
do i have to pay a bill
do i get my records back??
also i see on other web sites vets getting dropped by their lawyers i guess the lawyer gets paid out of some federal fund
it appears to me the lawyers are opting out and filing to get the fee out of this vja fund rather than waiting 6 - 7 years to see if the vet wins
any advixe on who to get for a lawyer in case i get dropped??
Bargmann anfd moore seem to mentioned a lot??
thx
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IM A VET WHO HAS BEEN WAITING TO GO TO BVA FOR 5 YEARS NOW.
QUESTION WHAT HAPPENS IF MY LAWYER DROPS ME? DO I GET A LETTER AND MY FILE BACK
CAN YOU RECOMMEND A GOOD LAWYER HOWS BERGMAN AND MOORE
DO I GET MY FILE BACK HOW DOES THE LAWYER GET PAID
AND IF I SETTLE BY MYSELF WITH THE VA OUTSIDE OF COURT DO I STILL HAVE TO PAY ME LAWYER
I SIGNED FOR 20% OF ANY RETRO PAY PLUS ANY SMC RATINGS I GET
VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO
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lets see did contingency agreement 2009 nothing yet no BVA Dockett no filed writ of mand nothin on that
basically im seeing the new thing now is vets are being dropped by their lawyers
i think ill try another lawyer if i get dropped any ideas
i guess VA game plan is to wait for 12 years see if you die
just curious if i die what happens to my claim im not married no kids no relatives what happens
saw a really bad fight at the VA Hospital last week two vets beat up a comp and pen doctor while i was in waiting room
i finally left and used my medicare card im going to pay the extra for part c just so i dont have to use the VA hospitals
any more
always fighting going on every time im their at va hospitals see vets in violent fights wwith staff and doctors
ive had enough of the va hospitals when i go to the private hospitals the people are really nice and well trained clean uniforms
when i go to the VA hospitals see people with names like prada somadeshtrech names i can not pronounce. yelling fighting
dirty hallways always construction going on in VA hospitals amazing every VA hospital i go to theirs construction zone i said to the workman hey fellas what ya doin oh where putting in wifi and hi def tv for doctor so and so
see ya i am hopelessly lost waiting to get into the BVA probably going to be dropped by my lawyer
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does any one know if monthly comp will be deposited on friday or saturaday this month???
thx
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okay i will not file writ of mand for right now will try to contact my lawyer and see if they can get my case going.
I dont want to go behing my lawyer and file a writ to the BVA without asking him.
Im not mad Im just worried really worried not about my credit But what happens if i die ???
Im not worried about dying but what happens to my BVA claim??
Thats what im worried about. This has really put a strain on my life..
See i feel as long as your at the VARO level you have a certain amount of control over the situation. Once a form 9 has been filed your headed into "No mans land." The BVA or this AMC place.
Thats my thinking on my situation i e pending BVA issues
One final question
so even though im waiting for a BVA hearing the writ of manduamus would be filed with CVAC??
is that correct.
I want to thank you every person hear at HAD IT!
Why?
Because you help me and most of all most of all EACH ONE OF YOU GIVES ME HOPE 111 AND THATS WHAT KEEPS ME ALIVE AND PUTS ME IN GOOD SPIRITS.
BEST MEDICINE IN THE WORLD HAVING PEOPLE WHO HAVE GONE THROUGH WHAT IM GOING THROUGH.
THANK YOU FOR YOUR SUPPORT & GENEROSITY AND ANSWERING MY POSTS!! I MEAN THAT TO!!
THANK YOU SO-- MUCH!!!!!!!
FROM
GRENT
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A writ of Mandamus must be filed with the CAVC...... not the BVA.
I posted an entire template here as to how to prepare the legal filing for the court and there is significant info available under a search for Writ of Mandamus here
Then search under Stratford to read the only Mandamus writ granted by the court in many many years.
I found ten pages regarding mandamus at hadit and more on Stratford but I sure dont have the time to post all those links here.
Why did you file the writ at the BVA????????
okay i will not file writ of mand for right now will try to contact my lawyer and see if they can get my case going.
I dont want to go behing my lawyer and file a writ to the BVA without asking him.
Im not mad Im just worried really worried not about my credit But what happens if i die ???
Im not worried about dying but what happens to my BVA claim??
Thats what im worried about. This has really put a strain on my life..
See i feel as long as your at the VARO level you have a certain amount of control over the situation. Once a form 9 has been filed your headed into "No mans land." The BVA or this AMC place.
Thats my thinking on my situation i e pending BVA issues
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okay will call my lawyer see if i can find anything out. What happens if i die?? My lawyer gets nothing right? and I wind up getting nothing either right!!ill tel ya its tough besides my BVA claim i have multiple claims in for SMC as well. I take serious pain meds . I wonder if i should not put in for chronic pain syndrome at this point or if that will hold up my BVA claim even further.
Can the VARO still decide to just pay off my retro claim or that aint happening??
thx grt
also what if i my private doctor sez yes for a wheel chair and VA ortho says no. Do i still get clothing allowance.
I have a bunch of IMO from Bash and the VA still denies denies denies. Man they r something else!! What an industry they are.
I wish Linda Bilmes would oust Shinseki. i doubt the FED would let her take the helm of the VA..
Ya know I'm going to be dead before i ever get docketted to the BVA.
4 years come and gone !! Makes me think of that song "in the wink of an eye a cadillac sedan passed us by".
OUTTA Sight man is all i can say. VA is truly outta sight!!!
I have seen so many vets throw chairs in the waiting room at VARO staff i dont even go to the local VARO anymore !! Always fights in the DAV room every time i go their. I just stay away completely now from the VARO and the VA hospitals . all the time i see the FED police breaking up fights at VA and DAV claims offices. I know in my area its got so bad the DAV has resorted to vets making appointments theirs no more walk in service at DAV and the VA in my area has followed suit as well.
you have to make an appointment and the VA door is always locked! The DAV and the VA will not open the door unless it is your appointment day!!
Not worth me getting upset.
Well ill just keep sitting here for the rest of my life. I think one vet told me if you have a BVA claim get a good TV set plenty of movies and as many movie channels as you can and try to stay alive as long as you can. Alive your a liability to them. If you die they win you lose. I dont know if thats true or not.
What a sad situtation this country is truly in. I may have to declare bankruptcy while this goes on. Their goes my credit for the next seven years.
One final question how long can this go on for like 12, 20, 30 years is their a limit on this or am i looking at " ODD IN FIN NIGH -TUM. " ????
i dont get mad i just keep my ears eyes honed inn and hope my case gets heard soon .
Kinda funny when i signed with the lawyer they said dont worry these cases usually get heard within 4 years >> ha ha.
Uh huh yeah okay and i can make the dead rise.
I noticed in the news paper it said more and more new vets are opening multiple claims and the VA is getting more bogged down!!
Sorry for the long post.
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ill tel ya its tough besides my BVA claim i have multiple claims in for SMC as well. I take serious pain meds . I wonder if i should not put in for chronic pain syndrome at this point or if that will hold up my BVA claim even further.Sometimes it's hard for me to keep up -
I did not realize he had a lawyer - due to that I would still do what I posted
earlier but would add that -
I WOULD NOT SUBMIT ANYTHING WITHOUT GOING THRU MY LAWYER
AND I WOULD NOT TRY TO BY-PASS MY LAWYER, IN ANY WAY.
JMHO
Can the VARO still decide to just pay off my retro claim or that aint happening??
thx grt
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A writ of Mandamus must be filed with the CAVC...... not the BVA.
I posted an entire template here as to how to prepare the legal filing for the court and there is significant info available under a search for Writ of Mandamus here
Then search under Stratford to read the only Mandamus writ granted by the court in many many years.
I found ten pages regarding mandamus at hadit and more on Stratford but I sure dont have the time to post all those links here.
Why did you file the writ at the BVA????????
Because i have not been to the BVA yet my case is waiting to go to the BVA . I thought if your case is dragging before you get to the BVA you can file a writ of mandamus to get it going
also---
also___
i would like to know can the VARO who has my claim still decide to settle my case rather than send it to the BVA??
Form 9 has been completed and green card return receipt filed so that i have done.
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i filed the writ because my case has not even been received by the BVA. Signed form 9 in I believe in JUly 2009. Thats 9, 10, 11, 12,
thats four years gone now.
Called called my attorney nothing Called BVA nothing. filed a writ before they claim the BVA they did not receive it.
I'm filing a writ because i want my case certified and docketted. At least a dockett number.
I want the VARO to get the case moving. I'm stuck in park i want to get the gear lever into drive!
Need help here ASAP!
Can you help me.
Thanks
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1 filed writ no answer
2 called BVA
3 They say they didnt get it
can had it forum show me how to do writ of madamus again
WOW --- FRUSTRATING IS AN UNDER STAEMENT TO SAY THE LEAST!!
THIS TIME I PLAN ON GOING GREEN CARD RETURN RECEIPT TO BVA.
Thanks for helping me.
thx
GRT
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thank youI can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:
The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.
The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........
In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve
the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel
the RO to comply with regulations, when they have failed to do so.
IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.
grent
thank youYou can find all you need here on Hadit about the Writ and you can always ask questions in the Forum'
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http://www.hadit.com...sexample001.htm
grent
thank youI can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:
The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.
The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........
In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve
the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel
the RO to comply with regulations, when they have failed to do so.
IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.
grent
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thank youI think it could be settled also anytime the VA wants to settle it.
grent
thank youI believe "yes, it could be." jmo
pr
grent
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HI
CAN ANYONE IN THE FORUM SHOW ME WHAT THE HEADER LOOKS LIKE OR HOW TO JUST COPY OR TYPE UP A WRIT OF MANDAMUS
IS THEIR A LINK TO GO TO THAT SHOWS WHAT IT SUPPOSED TO LOOK LIKE?
IS IT EASEY TO DO??
SHOULD I SEND IT RETURN RECEIPT GREEN CARD
MEMORIAL DAY IS MONDAY?
THANKS
GT
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I think I would strongly consider filing a Writ of mandamus. 5 years and nothing is way, way too long.
I CALLED 1 800 TODAY SPOKE TO VA GUY HE TELLS ME MY CLAIM IS WAITING TO BE CERTIFIED AND THAT HES SEEN THESE CLAIMS GO ON FOR 5 - 10 YEARS
SO I AM GOING TO FILE A WRIT OF MANDAMUS DONT KNOW HOW TO DO THAT BUT I WILL ASK IN A NEW TAG ON THE FORUM HOW TO DO THAT.
ALL I CAN SAY IS WOW JUST AMAZED HOW YOU CANT DO ANYTHING BUT SIT HERE YEAR AFTER YEAR AFTER YEAR.
JUST HOPLESS IS ALL I CAN SAY NOTHING YOU CAN DO
HOPE SOME DAY VETERANS CAN HAVE THEIR CASES ADJUDICATED OUT ON THE STATE CIVAL COURT LEVEL TRIAL BY PEERS WITH COURT APPOINTED STATE LAWYERS.
TO ME THIS IS LIKE GAMBLING AT CASINO THE ODDS ARE NOT IN OUR FAVOR .
AMAZING HOW THE VA CAN DO WHAT EVER THEY WANT TO YOU EVEN AFTER YOUR DEAD AND GOD FORBID I DIE THEIR GOES MY CLAIM.
ALL MY FRIENDS ARE DYING AROUND ME FROM STROKE, HEART ATTACK, COLON CANCER ECT.
HOPE I LIVE LONG ENOUGH TO GET A FAIR HEARING.
VERY SAD SITUATION .
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MY QUESTION IS THIS
CAN A CLAIM THAT IS AWAITING "TO BE CERTIFIED TO THE BVA" BE STILL SETTLED AT THE VARO LEVEL OR
----- OR
ONCE ITS WAITING TO BE CERTIFIED YOUR GOING TO THE BVA ???
THANK YOU.
GT
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Hi Phil after 20 years of being 100% tdiu isnt it true no matter what you die from the wife gets $ 1, 195 plus the bonus? Could you explain? Thanks Phil.Grent - you would need to be 100%SC or TDIU, continously for 10 yrs, or any amount of yrs, if your SC disease is a cause of your death. At present the widow receives $1195, monthly and a bonus of $254 a month, if you were receiving 100% or TDIU Comp for the 8 yrs prior to your death and she was married to you those 8 yrs. If you die as a result of Service-Connection she will be able to use the commissary and should receive ChampVA medical insurance'
pr
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finally i sent in a letter to BVA Washington. Lawyers dont tell me anything so im just seeing what happens now. Wow amazing is all i can say. VARO Says they cant find the form 9 but i have the copy of form 9 with return receipt to show its filed. I dont call the lawyers anymore they dont return phone calls.
So i just keep waiting see what happens now.
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I WOULD LIKE TO KNOW HOW LONG YOU HAVE TO BE ON VA DISABILITY COMP FOR MY WIFE TO RECEIVE PAYMENT WHEN I DIE
HOW MUCH WILL MY WIFE RECEIVE OF MY COMP AFTER IM GONE
WILL SHE BE ABLE TO GO TO THE COMISSARY ECT??
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CURRENTLY IM 100%
WOULD LIKE TO KNOW IS IT POSSIBLE TO RECEIVE SMC FOR BACK PROBLEMS LIKE DEGENERATIVE DISC DISEASE
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yes form 9 was sent in on time in on time return receipt green card and i have copy of form 9 stapled to green card will try to call NSO or ombudsmanI agree!
Did a VSO send in an I-9 for you or do you have proof of mailing it yourself?
A former local vet rep called me up one day asking me to help with a vet's claim.He sounded in great distress.
When I got over to his office he told me what happened. The vet gave him the I-9 and he ,the POA rep ,said he would send the I-9 to the VA right away.
He never did and forgot all about it and the appeal period had passed and the vet had called him for a status on the appeal.The claim was awful anyhow. He had tried to get the vet's personality disorder service connected.
When I told him that claim would NEVER succeed he wanted me to try and open a claim for PTSD instead.
I interviewed the vet, went over his SMRs, and all med recs.
The vet ,in my opinion had a personality disorder and had absolutely nothing to build a PTSD claim on.
So,luckily for the rep, the vet couldn't sue him.
It might sound unusual for a rep to call me but this guy also was the boss of the vet org office.
But this scenario does not happen often at all. It is always best, regardless of having a POA or not, to mail important stuff to the VA oneself and get proof of mailing from the PO.
i like this site most important its me HOPE thats the most important besides the retro
if my effective date is moved does the new effective date count towards my 20 year vesting period where the VA finally leaves me alone??
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my question is this once again
what is the final ruling on VA providing dental implants for 100% P and T vets
do they pay fee basis dental implants
just trying to get the final word is it yes or no
thanks
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the lawyers told me they wrote a brief so im sure their must be a dockett number ill BVA see what i can find out.would like to know can a case be called back by the varo and then paid while waiting to go to the BVA????
Advice On Being Dropped By Lawyer
in VA Disability Claims Research
Posted
these bva cases total 998 000 cases in America i will be dead before mine is eve heard. America is bad country lot of folks headed to canada because their you get blue cross blueshieldfood coupons the people are nice and the life style is more european. French act respectable not the animals in the lower 48. i movin home to canada out of thiis nightmare, Canada is the plac for vets to relax and cut off all the american bullshit.