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I Hired An Attorney.


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  • HadIt.com Elder

Well, I went ahead and hired an attorney. I know I reached 30% on my own, pretty much. Now I am awaiting a DRO hearing on a rating increase. Plus, I was denied tinnitus recently and have a claim for typhus going back to 1971. That I want to reopen. The atty., won't cost me out of pocket, only 20% of any award, nothing prior or future. They also handle any IMO'S, that are needed. They must feel I have a case or they would not have taken it. I think it will take a lot of pressure off me. Have not signed any papers yet. Any feedback, would be appreciated. :unsure:

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  • HadIt.com Elder

tagandbag,

Being that you have a claim that you wish to re-open back to 1971, I

do believe a lawyer is your best bet.

I know when I re-opened my claim, I had a hard road to travel.

At that time, I was not allowed an attorney, so I do know the

pressure the rater will put you through.

My rating for TDIU was completed today, but after this decision,

I am going for a lawyer also to collect all of my back money.

I have given the rater a chance to make it right this time, do I

expect them to, Absolutely no. I should know shortly.

I wouldn't want anyone to travel the path that I did and dodge

all those pot holes, the VA placed for me.

Remember this is only my experience and my opinion.

Betty

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  • HadIt.com Elder

You say you are re-opening a case back to 1971. Is it a CUE? I don't know any other way to go back that far on a claim unless it was never adjudicated or was in limbo for all these years. Did you get a decision on the claim? If you re-open a claim you are coming up with new evidence, and you can only go back one year from the time you re-opened. Explain if you care to.

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  • HadIt.com Elder

First of all, congradulations, on your TDIU. The way I figure, I will probably be waiting another six mos., on my DRO hearing. I filed the NOD in May. So hiring the atorney should not set NOD back much further. I think I can wait another six mos. to a year, if I know I will have more muscle for my claim. I think sometimes winning or losing, with the VA, could come down to one phrase or word, that could make the difference. I think it might be good to have a lawyer for reopening a claim that is a shot in the dark, from 1971. Anyways, I never claimed to be the brightest bulb in the room.

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  • HadIt.com Elder

I filed that claim in 1971, right after I got out of the service. Moved and actually forgot about it. When i filed for PTSD in 07, I sent evidence from my medical files on being trested for this unproven typhus at long bihn medvac. They said they denied because I never had typhus as it was un proven. Anyways I told the attorney this and he seemed very interested in this. No to ramble, but I do not know if it can be reopened or not from back to 1971. But, was denied again in 08 for it as a CUE. I am trying to tie it in with my eye problems and retinal detachment, from the high fever of 104-105 for 4 days and being packed in ice two days.So I may be blowing smoke, but well see.

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  • HadIt.com Elder

I think an attorney is a good idea and 20% contingency seems very fair to me. Takes a lot of stress off.

Good Luck

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