Lawyers

[Berta]

Has anyone approached any of your personal lawyers to see if they would be willing to handle veterans claims under the Lawyers for Vets regs? (they havent been posted yet)

I have a matter with my new lawyer and in the cover letter I asked him also if he would consider representing vets- my regular lawyer went to Florida- A Vietnam vet with 2 PHs but I had to help him with his VA claim so he probably could not have handled other vets claims-unless I helped him-

I dont know if my new lawyer is willing to do this- he will probably need a lot of help too ---from any claimant he represents-

and if he does this I sure will get him here at hadit for the nitty gritty-maybe even someone else in his firm would handle vet claims -dont know yet-they are still in process of moving to Bath NY from Penn Yan.

Lawyers dont deal with 38 USC much in law school and it all changes from year to year-

Have any of you found any lawyers that are even aware of this new law?

I mentioned in another post I was considering something to benefit a non profit vets org-

my money, along with their willingness to support some issues.

Of course the best of all is NVLSP. I havent donated to them in a long time.

But I also am considering maybe instead -a Class Action suit against VA due to violations of the VCAA-

I will pay all of the legal fees but I am more concerned about if my lawyer can help with that than even help wth my claim after June-

Have any of you found lawyers who would be willing on contingency to help prosecute your claims after June?

Things have changed so much with VA lately- the data theft, the Walter Reed fiasco, numerous other issues-that it seems to be the time is ripe for vets to do enough to make a difference.

And the Fed Register site alone offers anyone the right to comment on proposed VA regs-

a vet or widow is clicks away from having input into the way the VA does business as far as the regs go.

There are two proposed regs there now- and comment time is closing by May 12th I think-

[Jazona]

Berta,

I contacted a local attorney referal service here and asked them if there were any considering representing vets. I have yet to get a response from them. This was just after the bill became law so maybe they were unaware of the change.

I might e-mail them again and see if I get a response.

You are right in that it will take them a while to come up to speed on CFR and USC 38 but when they do, it will be a red letter day for the veteran.

jaz

[Josephine]

This may be the wrong place to post this question, but since it concerns laywyers, does anyone know, if in June, as so many of us are in the overflow at the AMC and have not receved a grant or denal, will be able to have a lawyer, if we can locate one, to represent us?

Would we just be asking for a longer delay in the decision?

Thanks so much,

Josephine

[Berta]

I well remember these days:

http://vawatchdog.org/milcom/dontdenyveter...resentation.htm

A very good reason for vets to have the right of choice under this law.

This is the proposed "Veteran's Choice of Representation Act."

http://www.govtrack.us/congress/billtext.xpd?bill=h109-4914

widows are included in this part:

"To amend title 38, United States Code, to remove certain limitations on attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for other purposes."

It specifies those claims which it will cover:

"(e) Effective Date- The amendments made by this section shall apply--

(1) to any case for which a Notice of Disagreement is filed with the Secretary of Veterans Affairs on or after the date of the enactment of this Act; and

(2) to any case for which a Notice of Disagreement is filed with the Secretary of Veterans Affairs before the date of the enactment of this Act and that as of the date of the enactment of this Act is pending before the Secretary."

It seems you would be covered by this statement but the VA could easily wrangle a different version out of this.

The VA made a strong-statement against this bill-

havent read it yet as well as vet orgs---

We have no inout into the proposed regs yet as this is an amendment too 38 USC-and I dont know if we will- it takes writing to Senators and Reps to get this passed.

I contacted a few lawyers on the net with no luck as maybe they dont want to commit to something that isnt a law yet-

The lawyers around here that I see from time to time in the local law library don't understand VA regs and they remember me from the days I was accessing the regs for my Section 1151 claim (prior to good internet links)They didnt have a clue what that was all about.

If a veteran or widow gets a lawyer after June I can tell you as having worked in a law firm- that these lawyers will certainly need evidence.

They might suggest IMOs right off the bat and will want any buddy statements, ships logs, MOS info, etc etc as well as the rating schedule and proof of current treatment and a diagnosis that is consistent with the claim and ratable as a service connected condition.

I do not believe they will be able to provide a successful resolve to any claim that lacks the basics that VA wants.

1. current diagnosed disability and current treatment records

2. proof of inservice event that caused disability

3. proof of nexus of both.

They will focus on any pending remands as to what the VA needs the veteran to get and the VCAA letters that also spell out the evidence that VA needs.

I dont foresee them performing any miracles- evidence is everything-

I do see them responding diligently to illegal VCAA notices and dumb SOcs.

Oddly enough the VA is suddenly proposing to reduce the SOC response time to a mere 30 days-from 60 days-

I believe this is so that even lawyers cannot prepare a good response in time.

That proposed reg is accepting public comments at the Feg Register site.

I foresee that the main benefit of lawyers and our claims is an assurance that we get our complete VCAA and other DTA rights from the VAROs.

If we all get those rights -we are closer to proper awards.

I would imagine this will be critical to any lawyer handling a vets claim-

proper fulfillment of the VCAA right from the git go-

because without that we are screwed.The claim will be denied and rest in limbo at the BVA for years---

lawyers will not want to wait for their money due to VCAA violations.They will hopefully make sure this important document- a legal VCAA notice, is sent to the veteran.

Because if the vet got an illegal one , was denied, and then filed a NOD-

this is an avenue of attack for lawyers-

it is all spelled out in the VCAA Act and regs-

SOs and service reps do not want to challenge it.

Why should they-they get paid whether the vet succeeds or not-

and as I understand it-lawyers as POA will be paid from the retro.

Edited May 2, 2007 by Berta (see edit history)

[Berta]

PS-I have a feeling that ROs are booking on some claims just to make sure that they get resolved before June-

I cannot imagine what lawyers will think of the mess the VA claims system is in.

[Josephine]

Berta,

The AMC is stating all flags ( issues) have been settled and now my claim is ready for a rating spealist to rate my claim.

1. issues to be settled by the BVA concerning the discrepancy of my medical records

2. remand not followed by psychiatrist

3. R.O - one year and two months to sign transmittal that the AMC is to rate my claim, due to the waiver that I placed on the R.O.

BVA sent the issues back to the Rating Specialist to rate the claim.

Thanks so much for your help.

Josephine

Edited May 2, 2007 by Josephine (see edit history)

[john999]

Berta

I spoke to a SSA lawyer here in Tampa who is taking a seminar to gear up to possibly represent vets as early as the Fall of 2007. I think these guys are going to be shocked at what they find when they begin to deal with the RO. The awful decisions and the delays will really get them. The VA's arrogant and adversarial attitude should get them plenty pissed off. What will they be able to do that we cannot do as far as getting the VA to get their ass in gear? There may be more Writs filed than in the history of the VA. Once the network of SSA doctors are briefed on what it takes to win a VA claim it may be another world. I see why our friends at the DAV are fighting this since they have done nothing to help us for years.