Selection Of A Lawyer

[rthomass]

I feel compelled to warn all my fellow Veterans to be very selective in who they have represent them before the Department of Veteran Affairs.

I have as some of you know been envolved in an Agent Orange case for over 41 months now, for the bean counters it works out to 14, 600 days or 350,400 hours!

Once the lawyer I selected got my case remanded from the CAVC to the BVA and had me sign a paper in order for her to further represent me. I had precious few contacts with her to the point she seldom took my calls or acknowledged my paperwork. I was basicaly on my own. I developed my own case, did my own research, and pleaded my case without benefit of effective counsel.

I finally dismissed this lawyer and her firm and I am fervently getting another Lawyer up to speed as the local Regional Office refuses to render a final decision and insists on issuing an SSOC and returning the remanded claim back to the BVA for a decision; even though the local RO was given the option by the BVA to render a decision.

I tell you this as my brothers and sisters, we have only our selfs and each other....no one ...not he VA, Not the BVA...or even the CAVC is going to help you. It is your claim, you must be your own advocate, you must be agreesive, ruthless, cunning and even wallow in the gutter with the Veterans Administration.

A lawyer is a resource, a tool......but ultimately as President Truman said "The Buck Stops Here".

That firm I am talking about is Liberman & Mark, PLLC of Washington D.C. I absolutely do not recommend them. I am not trying to slander these lawyers but to warn you there are lawyers out there that are not looking out for your best interest. After the rmmand they have the Veteran sign a 20% agreement to futher represent the Vetrean at The RO level and hope they luck out by sheer number of Veterans Claims they have...for a few to bingo with them exerting as little effort as possible on the claims........a nice racket if I do say so.

Randall

Edited April 3, 2008 by rthomass

[john999]

I don't think a lawyer can speed up your claim, but if they are good they can see that you get a fair hearing when you case does come up. I am using Karl K. to do my CUE. When I call or email him he gets back to me. He flew down to Tampa on his own dime to represent me before the VARO on my CUE. It was denied, and now I wait a BVA traveling Board. We should have won at the VARO, but as both me and Karl agree the DRO, and the VARO did not have the guts to make the kind of award I was asking for, so they kicked the responsibility upstairs to the BVA. I think this is why many lawyers do not want to represent vets all the way through the process. They have to wait years for their money. The VA is quite capable of stonewalling them for as long as possible just like they do us. The trick is that when it does finally come to a hearing you have expert help as opposed to your lonesome, or some VSO who can barely read and write. If you have a complicated claim the lawyers can often cut to the chase, and define the issues better than we who are directly involved in the outcome, and who have an emotional connection to the case. If the claim is pretty black and white you may not need a lawyer, but it there are many shades of grey I would get the expert. If you were going to court on a DUI would you go by yourself, or would you get a lawyer? That is minor copared to a claim that might involve thousands of dollars in retro, and, yet, vets go alone before adversarial parties who see them as pop up targets.

[vmo]

I am not looking to speed up my claim. Been at this now for 7-odd years. In a recent DRO review, was awarded 20% for lumbar spine, 10% sciatic(radiculopathy). Being this claim reverts back to 2001---I feel a 60% rating IVDS in effect prior to the 2002 rating change, should be warranted.

**Did notice the poor reviews of Attorneys "Lieberman & Mark", which concerns me as I had contacted them about "possible" representation with the BVA. Also, still considering contacting the prior mentioned law firm out of Akron, Ohio: "Sternberg, Newman,& Shifrin, Inc." Attorneys at Law. I've been successful with other BVA appeals on my own. I am a little older and not in good health. Received some help from the Service Organizations in the past, but recently lost faith in them as many of you have.

[john999]

VMO

If you are not in good health it might be wise to let a lawyer take your claims through the appeals process. These things are stressful. Let the lawyer earn his money dealing with the stress. Take your time to find the right lawyer. You need to find someone who believes in your claim. The more retro involved in your claim the more attractive it becomes to the legal eagles.

[hurryupnwait]

I have a contract with Ken Carpenter, Carpenter Chartered. He has a DRO telephone hearing on Friday October 9th about my claim.

Sometimes I feel that he has too many claims, but from what I have read here he is one of the best. He is very expensive (30%).

His assistant does call me back promptly when I call

Happy Trails

Paul

[dav_marine72]

My lawyer is Rebbecca Patrick. She just won me 4 remands at the U.S. court. When I first looked into her I noticed she had more experience at the BVA than the U.S. court. However, after I talked with her I liked her and I am glad I went with her. She does not seem to have a million clients so she gets back to you in a reasonable amount of time. She charges 20% which compared to others isn't bad. I actually had one lawyer ask for $2500 + 20%. I was definitely impressed with her actions at the court. Not only did she find some angles I hadn't thought of she convinced the VA counsel to remand my 4th issue. Initially she would only remand 3 and drop 1.

Let me know if your interested in her information. I'm sure she would be glad to talk with you.

[broncovet]

I have found the "pickings to be slim" with VA lawyers, especially in the midwest. I have heard very good things about Ken Carpenter, however, I understand he is both very busy and very selective.

Frankly, we need lots more lawyers who represent Vetrans. Lawyers do not like to take Vetrans cases, largely because it is difficult for them to get paid.

You see, the VA often delays claims..not just our claims, but claims who are represented by a lawyer. If the claim is delayed 10 years, and many of them are, most lawyers dont want to wait ten years for their money. Do you blame them?

I spoke with an "ex" Va lawyer, who no longer takes VA cases because he got tired of waiting to get paid. It is just one more way the VA denies justice.

Justice delayed is justice denied.