Do I Need An Attorney Now.

[RSG]

Hi folks,

After receiving the Info from the BVA judge, and my service connection being granted, do I need to file some

more forms for the retro, or should I just give all the info to an attorney and let them handle it. Called BVA

and they say that my claim now goes back to the VARO and the make the decision about my percentage of

disability. I am confused was to what I need to do now. Can anybody point me in the right

direction or do I just need to sit and wait or the VARO to finish?

Thanks

[simple fly]

wait to see what the outcome is.it may be in your favor or lowballed with the wrong sc date. then you can nod,appeal, or lawyer up on the points you feel need attention.good luck.

[Josephine]

Ron,

Your claim is taking the same steps as mine did. It took me about two months to receive my answer and my money from the R. O.

If I were you, I would let them do their thing and get what money they

give you and if they low-ball you as they did me, file for an increase.

Be sure that you send in the TDIU form as they will want it. I would fill it out and send it in.

You have many more years, Mine involved 16 years,

They started me with 10% for the first five years, and then it went to 50% the next eight years and stopped at 70& for 2005- 2008.

I had no ideal the VA had lost my TDIU Form so I sent that in after receiving the award letter and the money and have since went for a C&P for Unemployability.

Just found out today I was awarded 100%.

I can say, the Regional Office did not in any way try to not pay

me something for the earlier years.

I expect them to pay you back to your first date also.

Betty

[RSG]

Ron,

Your claim is taking the same steps as mine did. It took me about two months to receive my answer and my money from the R. O.

If I were you, I would let them do their thing and get what money they

give you and if they low-ball you as they did me, file for an increase.

Be sure that you send in the TDIU form as they will want it. I would fill it out and send it in.

You have many more years, Mine involved 16 years,

They started me with 10% for the first five years, and then it went to 50% the next eight years and stopped at 70& for 2005- 2008.

I had no ideal the VA had lost my TDIU Form so I sent that in after receiving the award letter and the money and have since went for a C&P for Unemployability.

Just found out today I was awarded 100%.

I can say, the Regional Office did not in any way try to not pay

me something for the earlier years.

I expect them to pay you back to your first date also.

Betty

I found out yesterday that they are only gonna pay me back to 1990, cause I didn't file and NOD on the other years,

cause the DAV never told me about that form in 1969or the other earlier filings. They never told me about that until 1990.

Can I sue the DAV for not doing their job properly, or just not helping me for those early years. Filed the TDIU BTW.

Thanks Betty,

Ron

[jbasser]

Was your BVA award based on New and Material Evidence?

What was the original denial and what did the VA use to deny it.

Was the award for records that had been recently discovered?

I would have to see why it was originally denied.

J

[Berta]

If the DAV cost you retro money and you can prove it- the rep can be sued in state court and found liable.

I sued the DAV in a Federal COurt-I won my VA claim before that went too far- the Judge told me I belonged in a state court-but the VA awards mitigated the damages I claimed-anyhow-

I strongly feel that any vet org chartered by COngress should be liable for civil action in Fed Court-

The USDC Judge here in Syracuse didnt buy that premise-

I had no damages to go into a state court after the award letters came

Also there are new regs regarding vet reps and their accountability- and one can always file a complaint with the OGC against them as I did-

You need evidence just like a VA claim-of what they did or didnt do and how it damaged you.

OGC complaints (they never got one from a claimant before unil I filed under 38 USC 14.633) dont involve any money- but

the reps can be sanctioned and lose their accredition-

You MIGHT have the potential to file a CUE claim on the past denied decision-hard to say yet-

I hope you get more info from the VA soon-.

[halos2]

Congrats Betty on your 100%

Great job, you deserve it after all these years. Enjoy. You go girl. Yippee. Yaba daba doo!! Hi-o silver!!

Ron,

Your claim is taking the same steps as mine did. It took me about two months to receive my answer and my money from the R. O.

If I were you, I would let them do their thing and get what money they

give you and if they low-ball you as they did me, file for an increase.

Be sure that you send in the TDIU form as they will want it. I would fill it out and send it in.

You have many more years, Mine involved 16 years,

They started me with 10% for the first five years, and then it went to 50% the next eight years and stopped at 70& for 2005- 2008.

I had no ideal the VA had lost my TDIU Form so I sent that in after receiving the award letter and the money and have since went for a C&P for Unemployability.

Just found out today I was awarded 100%.

I can say, the Regional Office did not in any way try to not pay

me something for the earlier years.

I expect them to pay you back to your first date also.

Betty