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autumn
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Posts posted by autumn
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the lawyer that handled my file turned out to be a friend, she saw how bad they had screwed me over she did the case, pro bono, which you think would have been the end of our relationship, oh no, last year when it did not look like I was going to make it out of the ICU due to a really bad bout with congestive heart failure, she did a livining trust so my wife had the last words on my health care she refused to take payment and then she did our wills free of charge, her group wanted us to pay, and she told them to forget it, she did it out of the kindness of her heart. Some of these lawyers are really great people not all of them are money sucking ticks.
great to know & good you posted this for other veterans to see
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> @berta: I just think it is a disgrace that disabled veterans have to go through this type of work and get costly IMOs to get a fair shake from the VA.
from my perspective the VA enjoys the walls they constructed against the veteran. not even congress or a president seems to be able to get the VA to correct much from within. a lot of window dressing but that's all.
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>>@Berta: My point here is I did Plenty of medical legwork in the 2 years prior to my contacting Dr. Bash.
@tmoe, i'll put in a positive vote for Dr Bash and his crew. i did put all records in chronological order, made copies, got all pertinent records, etc. this took me a few years. i didn't think it was inexpensive, but in fairness, no one else could have done what he did as far as go through my mil med records, and VA recordds and civilian records analytically with regards to comparing to what the VA was saying and what my actual condition is along with objective records that prove it.
gee, i tried to find doctors here. didn't happen. just a lot of bs. Dr Bash and his crew have seen me, answered calls and emails. but, there was a delay and i just assumed it was due to so many veterans needing their help. and yeah, i got frustrated with it. my goodness, how many veterans do they get contacted by? i can't imagine.
yeah, he probably needs a secretary but to find one with the right skills and the salary pay out, he'd probably up his fee. ;-)
frankly, he and his crew, from my experience, put in way more effort and expertise to help the veteran up against the VA than just about anyone. IMHO
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I learn if you want to get an EED where a large retro is involve hire the big guns you don't have to go it alone anymore its hard to win those eed claims
but it can be done. This law firm who is helping me with mine got a IMO from a SSDI examiner and he done a great job and it didn't cost 7-8 thousand
of dollars. I think it was $800 so I just wait and c
i can't go it alone. i can't make sense out of where to even begin and nso's were of no help with this. its taken quite a long time to just locate a legal rep that would take this claim. most wouldn't if its not slam-dunk win, a few returned statements that didn't even make sense in regards to my particular set of circumstances. so they either didn't read the info i sent them or just excused themselves out of it due to some work is involved they didn't want to do. i think most veterans who have this situation can relate to what i'm trying to say.
they'll use my ssdi stuff too plus anything pertinent i suppose. and yeah, some IMO's are getting rather high. IMOs helped me as they told a completely different picture. way more truthful than what the VA & mil was writing. nite and day. too bad it has come to that.
i am a little slow in the head & fatigue really easily and to try this on my own would be a joke. i was getting fairly burned out just trying to find legal help for my situation.
good luck to us all i really hope
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The VA's limit is 20% plus "reasonable expenses". Most VA approved lawyers will agree to the 20% plus any recovery via EAJA.
If, what, and how the EAJA pays is something that seemed to be up for grabs the last time I looked into it, several years ago.
appreciate that info chuck, thanks. i agree with "reasonable expenses" with the veterans' best interest put forward. though that isn't a sure thing but prudent for the client to keep an eye on things and not blindly trust.
some claims can be very difficult and time consuming to do "right" for the veteran & his/her family. so "reasonable expenses" seems ok on the surface but each claim/case is different.
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I believe if they charge 30%, then they can't accept the 20% from the VA and the VA won't withhold it and pay them directly. If they accept the 20%, from the VA, then they aren't allowed to bill you the balance. I believe it's like doctors accepting assignment on medicare. jmo
pr
glad you mentioned it. i'll want to get that clarified before signing something.
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autumn, their is some lawyers that charge 30% and I know because I have one. It will come out the retro it he wins
if they lose you owe nothing. It was a topic on this some where in the forums but its very legal.
i see then then that this 30% isn't so "out of the ball park" so to speak. i didn't see the other thread, thanks for posting. just want to manke sure before i sign anything i'll regret
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Autumn - I don't think they're allowed to charge more than the 20%. The VA governs that.
pr
i wasn't sure but thought so from what i saw on web prior to asking here to be sure. i guess the other 10% was supposed to come from me.
i take it from all the posters here, a veteran shouldn't allow more than 20%? then again, many lawyers won't take a case for that or so i've heard.
thansk for the feedback
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Well , thanks for that answer.
The 30 percent you posted they quoted you is incorrect.
If they don't even know what rate the LAW allows,
it leaves me wondering how much they know about VBA claims.
Scary.
not trying to be short with you, just don't want to post the name, if that is whay you were referring to with "Well, thanks for that answer". ;-)
i see your sense of humor is still intact,
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Well , thanks for that answer.
The 30 percent you posted they quoted you is incorrect.
If they don't even know what rate the LAW allows,
it leaves me wondering how much they know about VBA claims.
Scary.
which is why i posted here to find out. looks like i found out what i needed. i thought it was 20%.
yes, that is red flag. VA wouldn't have paid them more than 20% and they would want 10% from me? more strange sh!t from the legal world.
I agreed to pay my lawyer 20% of retro and he has been with me since my DRO Hearing all the way to the CAVC, and beyond perhaps. Now I wonder if he will try and collect from both EAJA and 20% from me? He did briefs for DRO and BVA which were ignored.
the VA DRO and BVA ignored the briefs he did for you?
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VA accredited lawyer who has a history of doing veteran claims
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it's to NOD/re-open a VARO decision for EED. legal folks asking for 30% if any retro. i thought it was like 20-25 so i though i'd post here and ask.
if its like "you get what you pay for", is 30% too high or not? so far the responses here are at 20%, but maybe legal folks don't work too hard for 20% i don't know.
kinda want to be sure before i sign somehting and/or question this with them you know?
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what is the general fee % from accredited legal rep to re-open claim, NOD, for EED?
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Probably really simple. If the program says no drugs no drugs. The VA is federal and it is still illegal to posses or use marijuana so it would most likely cause you to be removed from the program.
I re-read my first part and wanted to be sure not to offend anyone when I said probably really simple as I can see if might sound condescending.
i just checked the VA MS Center of Excellence website and they too echo what you mentioned. if federal states illegal, then illegal. trumps state law. that sure puts some chronic suffer'ers in a catch-22 situation. well, folks gotta do what they gotta do to manage their health and QoLife.
i actually did take your original reply a bit condescending but my nerves/brain are a bit more sensitive to this VA stuff than most folks. it didn't start out that way at all. i always gave VA benefit of the doubt, beleived what they told me, did what they asked, until years later the truth started to emerge. so i'm on the other side of the fence with that. didn't ask for it, just turned out that way. appreciate your help and thoughts and explanation.
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so, no one has a comment on regarding if the VA tests show mj and one has a medical rx for it, what does the VA do then? boot you from a clinic? stopy Rx meds? i'm curious. i don't take mj so not an issue for me unless a test returns a false pos, but i know many many ms suffer's that have fould great relief and percieved increase in QoLife with it.
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Hey, they screen for alcohol as well. If you come up dirty for street drugs it can be a problem for you and gives the VA the excuse to boot you from numerous programs. If I come up dirty for street drugs I get kicked out of opiate program no matter that I have been on it for 8 years. Can you spell "Cold Turkey". I can deal with it but it would upset my wife if I did not sleep for a week. When I signed for the opiate program I agreed to not take alcohol or any street drug. I am OK with that, but I am not sure why they would screen all others for drugs and alcohol. They may start screen for tobacco use and who knows what to deny future claims. It used to be only drunks used the VA ha, ha.
John
"cold turkey" for folks with neuro diseases such as MS could spell disaster. i'm sorta ok with the hidden testing but when a VA neuro never mentions it, never speaks much of anything (unless its a negative towards you), comparing that to many civilian neuros, it just makes a person suspicious. i had a VA neuro years ago mention that because i used to smoke that was what caused the brain lesions(ms).
i think, for john and i and others that have been burned by the VA system, we are way more suspcious of such testing than say a veteran with VA services that has not been burned. IMHO
The Docs have to do this now with the DEA cracking down on the pain med prescribers. They are being treated like drug lords and eventually they will stop prescribing pain meds. Now for those who actually need the medicine, it can be a bad thing but remember you still have rights.
rights as far as what?
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The VA has been prescribing narcotics of all sorts for me for at least 8 years. Now they come saying I have a opiate dependence problem. They gave me the problem. The first time I went to the VA pain clinic in 2005 they prescribed morphine for me. Since that time they have changed to methadone, oxydodone and Fentynal patches. All they are really concerned with is that you "have" a dirty test when you get the urine test. They worry that vets sell their drugs and don't take them.
hey j, what a catch 22, huh? if we vets take the meds, then they slam us as dependent or if we don't take them consistently then they think we are selling them. gee whiz. consistenly being, say you didn't take any for a few weeks and just happen to have a blood/pee test.
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Oh, my primary care brings it up every time I see her. I tell her look at my records from 1982 to present date. No narcotics. Didn't even use prescribed Vicodin or Valium after foot surgery where I had bone cut and toe shortened. No pain meds after childbirth or major surgery. Told her I would snap on her if she didn't stop treating me like a common druggie. LOL. That felt good. She then explained about the VA's new policy and I went and looked it up. She then prescribed Gabapentin for my nerve pains, body aches, etc. it's not a narcotic. VA is just VA. Gotta love em
thats funny from our perspective. keep up the good works. glad gaba works for you, for some it does and some it doesn't. yeah the VA, gotta laugh with em i guess, though i often don't. ;-) appreciate your thoughts and experiences
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Its actually rather common for psychologist, neurologist etc anyone dealing with the brain to do an initial test for narcotics as many narcotics can cause the issues that may be mental health or neurological issues. If in the past you've shown a penchant for abusing medications or have past drug use they will likely test you to save tons of money if you are in fact using narcotics or abusing prescription medications.
People may complain about the test but its not at all invasive, its easily accomplished in standard blood work or a UA and if you aren't using it shouldn't matter. Its not as if they are doing a hair follicle test. No neurologist should not at least do an intake exam to get a figure on your past or current history with any medications as even legally prescribed medications taken properly can have neurological side effects.
i accept your point. for me, only meds are what VA Rx'd. my complaint and a valid one from past experience, is VA has a strong tendency to look for anything that could substitute for an injury/illness to ensure difficulty in correct diagnosis and/or SC issues. i haven't drank for over 22 years but yet, they bring it up once in awhile. it gets a bit old. say versus, a civilian neuro who looks at ms symptoms and trys to help with quality of life, the VA "seemingly" puts that aspect on back burner. to save taxpayer money i guess.
i admit i'm a little sensitive to this issue but you can appreciate veterans in this type of situation being a bit uneasy with such tests considering what VA usually does with them.
appreciate your comments. i see it happens across the board. i just didn't realize that. so whats the VA doing with all the medical mj patients that test pos?
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This is due to the epidemic of addiction to pain medication and VA announced this month their plans to reduce opiate prescriptions/addiction. There are so many abusers, that they treat us all the same. I agree it is invasive and should not be done without discussion with the patient and certainly not without cause for suspicion.
i agree. its that "suspicion" aura that kinda got to me and the fact my neuro only said he wanted a blood test to for an upcoming mri and standard blood work. never mentioned all the drug screening that was reported.
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the last few times i've been to the VA neuro i've noticed the dr ordered drug test results too, like street drugs, etc. i don't take them or drink but i find it curious/intrusive they do this.
i haven't had one civilian neuro do this.
is this standard VA blood work, or looking for something to pin on me, or what? no reason for concern?
anyone else notice this on their blood work?
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> It would be nice if the VA would have come clean and told us Vets about this first.
not going to happen it would appear.
>But VA cannot track network penetrations because it lacks automatic login software to trace such illicit access. Warren said he couldn’t quantify the number of veterans whose personal information had been compromised,
mind-numbing considering the amount of tax payer money spent on the software/hardware upgrades over the years. every security breach at VA prompts millions more in funding to upgrade, and still ?? ...
we don't have the whole story but on the surface just more crap piled on top of the veteran landscape.
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for the life of me, i try not to get bent out of shape when going to the VA, but... my neuro or i should say the complete neuro dept in this VA still relies on the "least likely" causations of symptoms versus documented "more likely than not" objective medical evidence.
i was trying to explain a recent episode i had, and i've had these over the years, they're documented and service connected, and yet he mentions "probably due to the weather change". other symptoms i mention, that have been in existence for years and service connected too he acts like they are new. and i've seen this guy for a few years. this is the same guy who wrote "possible veteran's shoes causing foot drop, though i can't rule out his MS and spinal conditions" (not verbatim but very close, you get the idea). note: haven't bought new shoes in years and foot stayed dropped for a little over a year. i know i'm lucky, could have been worse.
btw, my PCP is AOK, doesnt' jerk your chain, pulls no punches, but she is new. the VA will probably corrupt her, but i hope not.
how much money did that new VA medical computer system cost taxpayers that doctors won't look at? when you ask them to read the records then comes the famous statement, "the system is down, can't get to it".
i just fired my VA shrink for not looking at the computer records due to his incompetence of not reading anything that was in my records. i felt like i was on trial all the questions he was asking so i left and got a new shrink. that computer system or the doctor is a disgrace to veterans.
you see the link at the first of this thread. its just another example of the "lying" culture at the VA. which trancends down to my neuro's who dismiss any symptoms as "least likely" which in a sense is lying in favor of risk mitigation versus medical competence to help a veteran's illness(es).
my brain and nervous system gets messed up for a few days after such sessions at this VA. can't speak for anyone else but it happens to me.
i'm kinda venting as i find folks here understand this stuff.
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I agree, it is an atrocity for those that have served and are wounded, broken and is some cases forgotten. This problem won't get fixed until we vocalize and mobilize.
>>This problem won't get fixed until we vocalize and mobilize.
at this point and time this is the only way that will get the ball rollin in the right direction. won't guarantee shrewd gov legal and management folks wont still pull the wool over our eyes but it sure would get things moving to make changes ...
!!vocalize and mobilize!! good action plan from @justrluk, pass forward across the Net!!
Legal Help Fee Schedule
in VA Disability Claims Research
Posted
from the last paragraph: "This policy has troubling consequences: by protecting only the fee agreements of veterans not in debt to the government beyond their claims’ values, VA in fact ensures that some of the neediest veterans cannot retain legal representation."
some of that was a bit for me to wrap my head around but this last sentence stung a bit.