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

[vmo]

The attorney I contacted has reviewed my Notice of Disagreement requesting DeNovo review by DRO. Also, then he reviewed the Statement of the Case issued by the DRO.

He emailed me two pages back from the SOC concerning Schedule of ratings-musculoskeletal system. He wants my private phys to "circle" what conditions I suffer from. After I see my physician and he circles the conditions that effect my spine, I am suppose to call/email him back. To my ultimate surprise--he then told me to make sure "I" submit VA Form 9 before the 60 day time limit.(Would not an experienced/dedicated attorney want to see and probably submit the form-9 from "HIS" office with letterhead???). **This is my first dealings with an Attorney concerning a VA claim. My initial consult is suppose to be free. So far he done the same as a VSO/CVSO. *My point is---this Attorney would have no idea what I submit on the VA Form 9. Has anyone out there used an Attorney with the BVA ?? I found this guy listed with "NOVA", but I question if he knows what the heck he should be doing? I've done other prior BVA appeals on my own, dang the first time I request help---I think I picked a LEMON.

Edited October 7, 2009 by vmo

[Pete53]

Unless you only have 60 days left on clock you should have 365 days from date of notice. If you are going from BVA to CVA the Lawyer should be writing the Notice of disagreement and intent to have the CVA hear the claim.

[vmo]

Unless you only have 60 days left on clock you should have 365 days from date of notice. If you are going from BVA to CVA the Lawyer should be writing the Notice of disagreement and intent to have the CVA hear the claim.

The BVA decision I agreed with. The VARO then issued a Rating Decision pertaining to the conditions the BVA granted service connection for. I then filed a NOD with VARO's rating decision, as I feel they low-balled me on my spinal conditions. When I received the SOC from the Decision Review Officer, I decided to then-contact an Attorney for representation/assistance. The letter from VARO attached to the Statement of the Case clearly states: "You must file your appeal with this office within 60 days from the date of this letter or within the remainder, if any, of the one-year period from the date of the letter notifying you of the action that you have appealed."

[Pete53]

VMO

Thanks could not be any clearer. 60 days and if me probably a few days or weeks less.

[Berta]

It helps to search lawyers at the BVA and CAVC to find cases they have won and cases they have lost.

When I filed a Mandamus Writ many years ago-I got 12 letters and even some phone calls from lawyers listed at the CAVC as practitioners,but a Mandamus writ doesn't have any monetary value so none would help-

However I asked some of them for some of their cases at CAVC. In those days I would have to call the court and give the Docket number. They would fax the decision to me and then I would send them a few bucks.

It helped me determine there were some very good lawyers out there helping vets.

I called Ken Carpenter when I got his letter-he wasn't interested in the writ -he was more interested in my claim- but no lawyers for vets regs in those days- and I was still at the RO level.But we talked for about an hour on vet's claims issues.

I thought the lawyers could only charge 20% but I saw here a few times they were charging more than that.?

In any event- this is a lot of money to pay a lawyer so it also pays to select the best one you can get.

[vmo]

It helps to search lawyers at the BVA and CAVC to find cases they have won and cases they have lost.

When I filed a Mandamus Writ many years ago-I got 12 letters and even some phone calls from lawyers listed at the CAVC as practitioners,but a Mandamus writ doesn't have any monetary value so none would help-

However I asked some of them for some of their cases at CAVC. In those days I would have to call the court and give the Docket number. They would fax the decision to me and then I would send them a few bucks.

It helped me determine there were some very good lawyers out there helping vets.

I called Ken Carpenter when I got his letter-he wasn't interested in the writ -he was more interested in my claim- but no lawyers for vets regs in those days- and I was still at the RO level.But we talked for about an hour on vet's claims issues.

I thought the lawyers could only charge 20% but I saw here a few times they were charging more than that.?

In any event- this is a lot of money to pay a lawyer so it also pays to select the best one you can get.

Thanks! Good input. I am new at this lawyer stuff. Obvious--isn't it? I'll try name search with BVA.