ptsd I Had An Idea And Reached Out To Nova

[Speaking Out]

Here is the original email I sent:

Hello, my name is Lisa XXXXX. I would like to speak to someone about NOVA possibly offering some of their classes and training to Veterans who are not attorneys or law students. I am a Veteran who is 60% disabled by the VA standards. I am a military sexual trauma Veteran and my ratings are for PTSD, endometriosis, and migraines. I recently completed a malpractice suit against the VA using the FTCA after having an unneeded surgery due to a nurse looking at the wrong lab results. I also wrote a proposal for the VA of how they could fix their hospital computer system so that

the error that happened to me wouldn't happen to another Veteran. Both projects took over three years and I learned things about the VA that still make my blood boil when I think about them. My point is, I would like to help other Veteran's and have been doing so on line and there is a large community of Veterans that have

fought with the VA and have a vast knowledge of how the claims system works and we could be utilized in ways that no service organization is willing to organize. I would like the opportunity to speak to someone at NOVA to see if Veterans who have battled the VA and are willing to fight for other Veterans would be welcomed at NOVA? I look forward to hearing from you. Attached is the notification I received that the VA found my computer change idea to have merit. Thank you, Lisa XXXXX

Here is the first response.

Regina Alegre wrote:

Lisa,

Thank you for your interest in NOVA. I am forwarding your query to our Exec. Dir., Rich Cohen. I'm am sure you will be hearing from him in the near future.

Thank you,

Regina Alegre

Here is the latest email I got from the Exec. Director, Rich Cohen.

Lisa:

I have great respect for veterans such as you who are willing and able to learn how to "fight smart rather than hard".

NOVA has two seminars each year, in the Spring and in the Fall during which we teach some of the "tricks of the trade" and discuss the latest developments in the law. These seminars, which are designed for lawyers and non lawyer practitioners with some exposure to the law, are open to anyone who wants to come and who pays the registration fee, including veterans who are not representing other veterans, but who want to learn the law. Many of our lawyer and non-lawyer members are veterans. Information on the seminars is posted on our web site

http://www.vetadvocates.com/

That having been said, I am concerned about your idea of having veterans help other veterans and essentially provide legal advice. My primary concern is that unless the folks providing advice are prepared to regularly study and review the latest cases from the Veterans Court and from the Federal Circuit and keep up with changes in VA regulations and Fast Letters, the information they provide will be inaccurate and harmful to the claim. For example, most people who have not been actively following VA law do not know that a notice of disagreement must contain specific language showing an intent to appeal; that it is possible for a claim to be " deemed denied" without notice to the veteran; and that language in a medical record showing the existence of a disability does not constitute an implied claim. These are just a few changes which occurred in the past few years, but which would not be know to people who do not regularly study veterans law. I am also concerned that adjudication of a claim involves the practice of law and legal terminology which makes it very difficult for many non attorneys to master. Finally, I'm concerned that someone who is not prepared to monitor deadlines and filing rules may inadvertently miss a deadline, to the claimant's detriment.

A smaller, but more manageable task might be for you to concentrate on working with veteran volunteers to learn how to file and develop claims and to insure that the word gets out that after a notice of disagreement, filed after June 20, 2007, a veteran is permitted to hire a lawyer for assistance in the claim.

You may also be able to find lawyers through NOVA who would be eager to have veterans work with them as paralegals, under attorney supervision, to assist the lawyers obtain benefits for deserving veterans.

Please feel free to contact me to further discuss your ideas and my suggestions.

Thank you for you service to our Country and for you interest in helping other veterans.

Richard Cohen

Executive Director

NOVA

What do you think? Lisa

[Capt.]

Hello SpeakingOut, (Lisa). It seems that from Mr. Cohens letter, there is really noone that can make a right decision or give advice other than a lawyer and even one that has to stay up on the changes and attend seminars regularly. It also says in his letter that how can he expect the VARO to make decisions or even the Veterans or their service officers and organizations. All of which he has already deemed not qualified. SOOOoooooooo.... It boils down to court and he said it in his letter, under his wordings of CONCERN in several of his paragraphs. He really says it all that noone except the VA legal counsel, the Justice Dept. are the only ones able to really know what is going on and are the only qualified ones to handle or work on VA claims. If what his words say are what they mean. DAV, VFW, VVOA, AL and all the rest cannot really prepare a "legal claim". You are only trying to do what many VSO are trying to do. Help to properly file and propel the claim. With that said , what about the other side of the coin? Did he just shoot the very people in his VARO decision and ratings depts and teams in the head? They must be nonqualified too and not able to make a legal decision. How are you to follow his(VA) qualifications and make "LEGAL" decisions? I think his words to you are both hypocritical but show real problems ....the systems broke and noone is qualified...even the experts on both sides. That is a hopeless letter with a TYRANNICAL response from someone who knows the problem but does not want to correct it. And from what he wrote to you....is not wanting to fix it or is going to. Sounds familiar. You are your own best weapon to assault the walls of the VA. God Bless, Bill

[sixthscents]

Well, I understand his concern I guess, but we do follow all this stuff. I can see where he is coming from because there are people out there serving up bad advise, just not HERE on Hadit. We police ourselves regularly and I think all in all we probably have more competent reps than they do in many cases. Since many of our veterans have actually dealt with THAT specific claim for themselves... so they know EXACTLY what process and things the VA is going to ask for that specific illness or injury. Thats a BIG factor that really cannot be understated. I'd go one-on-one with any laywer or rep over a back injury claim... and I know I am competent in this, my OWN injury area (thats not all but it's where I am most competent)....

Again though, we DO have to boot people all the time for spouting nonsense... so I can see where he is coming from. Hadit is special in that we do have a knowlegable core of constant posters who are willing to spend days and days on other peoples claims. My last was a sixteen page claim that was very clear, referenced exact dates and exact test results etc....

Right now I have backed off alot of my advocacy due to health reasons (my back is killing me, and my legs are going crazy right now) but we are so lucky that we have people who can fill in the gaps and are also as experienced or more in more than one area.

So... thats my opinion anyway.

Edited January 3, 2008 by sixthscents

[john999]

Of course, there is the question of "turf". Once the lawyers have the ability to do claims and charge for it they are not likely to give it up to those outside the profession. In fact, paralegals usually do most of the work on these things, but get paid 20 bucks an hour while the lawyer charges 200 bucks an hour just to look it over and put his name on it. If you have a really good claim that involves big retro then the lawyer may put in much time on these things and if they know what they are doing you can see how valuable they can be. I wanted to work for a lawyer also but he did not want to do VA claims. I would have done it for free.

[Speaking Out]

There are only 3 attorneys listed as NOVA members in Indiana and none of them are in Indianapolis. The whole reason I contacted NOVA was to be able to receive the same training that attorney's get from them. Attorney's are not taught VA law and regulatiolns in law school. If they want to practice in that area they have to learn it. NOVA is a great ressource for attorneys and law students to do that, but I didn't see on their website that a lay person could attend as long as they can pay the fee. I was suprised by that portion of his letter. More importantly, he missed my point of wanting to be educated properly to help Veterans and I think he should have at least entertained the thought that Veterans who want to help other Veterans have a high enough integrity to not try and help someone when they haven't a clue about their type of claim. Attorneys do this all the time by telling you it is outside their field of expertise and they might refer you to someone if they know of someone or that may be the end of your correspondence. I find it odd that the Director from NOVA basically said that only attorneys can handle the complexity of the VA Claims process in this statement.

...unless the folks providing advice are prepared to regularly study and review the latest cases from the Veterans Court and from the Federal Circuit and keep up with changes in VA regulations and Fast Letters, the information they provide will be inaccurate and harmful to the claim.

Now, do you think he has ever said that to a Congressinal Committee?

Remember, the claims process is supposed to be easy for a Veteran to complete a claim for themselves.

Can our Service Organizations and State and County Service Officers review these latest cases from the Veterans and Federal Circuit courts and keep up with changes in VA regulations and Fast Letters? And have current documentation that the SO's that are out there helping Veterans are up to date on all the changes? Does NOVA care about that?

I guess I am just troubled by his email and wanted to get some feedback before I call him. Keep your thoughts coming. Thank you, Lisa

[Pete53]

I think that his concern is legitimate but what about the hundreds of thousands of Veterans with back logged claims represented by VA sanctioned Service Officers.

The truth is that once you hit appealing with the new law he did not mention I am starting to believe that is the time to bring the lawyers in.

As a whole I think that most on Hadit try to support Veterans and point out appropriate CFR's and citations including deadlines for NOD's.

I intend to point out to anyone I see asking about a NOD that it may be in their best interest to consult with a lawyer. I personally think that 20% of retro is a small price to provide peace of mind and a much faster outcome. I feel pretty sure that claims handled by lawyers will be given more priority than I ever got.

[wapiti]

What is the best way to look for a lawyer that handles VA cases?