More Lawyers Gearing Up

[Berta]

http://www.vawatchdog.org/07/nf07/nfMAY07/nf051207-7.htm

I havent listened to Ken's remark yet-

When I filed a Writ of Mandamus many years ago-

he was one of many CAVC attorneys who got in touch with me- and he was the one who impressed me the most-

while my Writ was just a ploy- and had no basis for representation- Ken and I had quite a talk -he sure is always on the pulse of the VA claims process.

There is a lot at watchdog today about this-

My private lawyer who offered to rep me after June 15th-seems quite willing to help other VA claimants too-I need to talk to him more about that-

he is moving his practice into this area, at an office just outside the VAMC complex-

and could get overwhelmed very fast-with vet claims ---

then again-I dont imagine the vet reps on the VA grounds are mentioning this new law to their POA vets.

When he heard my evidence his offer to help me was immediate- we were on a conferenece call discussing a business matter I have with him and this was because in a letter to him I happened to ask if anyone in his firm would be helping vets after June 15th.

He is disabled vet himself and I got the impression he had his own experience with Buffalo VARO-

I do suggest that any of you seeking an attorney- ask your personal lawyer first -because they might

be wanting to do this or at least could have a referral for you.

[Pete53]

I am talking to a lawyer about his representing Veterans before the VA. I have pretty much shown him that it could be rewarding if he is patient. Lawyers love contingency on large retro benefits and especially like the idea of a little prep work and than a big payoff.

Going to Waco seems to be the only problem.

I have always heard good things about Ken Carpenter.

[john999]

Would not it be great if we had some lawyers who were expert in doing CUE claims since these are the ones with huge potential retro payments. After all this time I am still not certain I know what a CUE claim should consist of and I bet most VA claims examiners and VSO's don't know either. If the lawyer could just look at your facts and tell you that you either have a claim or you don't that would be good.

[tssnave]

I just read the watchdog link and it says:

" On June 20, attorneys can represent veterans after the VA Regional Office has denied an initial claim and a NOD (Notice of Disagreement) has been filed."

Is this the only situation that you can use attorneys in? How about those of us that want to request an increase in rating and get denied? Will we be able to use attorneys or is it just if your initial claim has been denied?

Please provide a link to anything you use as a reference to answer the question.

Thanks,

ts

[Berta]

Would not it be great if we had some lawyers who were expert in doing CUE claims since these are the ones with huge potential retro payments. After all this time I am still not certain I know what a CUE claim should consist of and I bet most VA claims examiners and VSO's don't know either. If the lawyer could just look at your facts and tell you that you either have a claim or you don't that would be good.

John- I talked to NVLSP about the very same thing.

If I were a member of the bar-I would ask the vet for all past decisions to see if they contained CUEs.

Then I would look to see if there was any potential of former vet rep malpractice.

That can be determined quickly and it usually isnt the case in 99.9 % of all claims (only because they eventually succeed anyhow and the veteran has not been financially damaged.)

One vet recently did win a malpractice case against his POA. in NY I think.

Prime Facie- the rep buggered the claim so much that it did cause the vet financial loss.

Then I would look at the last decision and what evidence the vet has.

A good lawyer will look at all of the options.

I suggest that -if any of you contact lawyers for claims representation-

make sure you bring your VCAA letters , any SOC denials,and your EVIDENCE.

If your claim was remanded and is sitting around at the RO-

the lawyer will want to see step by step what evidence you have or what the VA said they would get to support the claim.

Many remands mention things that the vet themselves should try to obtain.

Lawyers want evidence.

[SLEDGE]

Ken Carpenter currently has my Eed case before the Veterans Court of Appeals.

He took over in 2000.

TDIU in 2002.

sledge

[Berta]

Tom- I think Ken is a superb lawyer.

I am glad he took your case.

I got letters from 12-14 lawyers when I filed my writ-

I called a few or they called me-

I asked them what claims at CAVC (it was COVA then) did they win and what claims did they lose- I just wanted a few -either Docket number or names of the veteran

so I could access their cases.

Ken readily gave me a few names.

Some didnt want to at all.

In those days- it was a mess to get COVA cases.

I would have to have the Docket number or the claimants name and then call COVA for access to the case and then they would fax the case to me- and then I would send them a few bucks for it-

CAVC is better now and on line but I dont like the new format as well as the old one.