Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Va Lawyers

Rate this question


gdsnide

Question

To anybody that can help me,

By myself I got an L rating on A & A & am 100 % Comped T & P

I have called 4 different VA Lawyers today & it seems none are interested or have never done an A & A claim before.

One told me he "Only worked on percentage cases" & I said " This claim goes back to 1997 & that will be a pretty big percentage if U can raise the rating which is now at an L"

I explained to every damn one of them I had a truck load of opinions from my VA Docs & they still weren't interested.

Am I to believe these VA Lawyers are like the SS Lawyers & will only take a case if it is a slam dunk?

Berta told me they can't take the L Award away from me if I NOD it so I guess I'll have to pursue this on my own.

Thank You

GARY

gdsnide

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • HadIt.com Elder

They probably don't understand A&A claims. Keep looking until you find someone who understands that there is a payday in it for them if they win. That would be 20% of 11 years of backpay. Even a lawyer can add that up. That is good pay for just showing up with a brief and making a argument.

Link to comment
Share on other sites

Gary,

You have done so well on your own - I have a feeling you - yourself can get the L raised

since you have the Medical Evidence.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Maybe their ears would perk up when you say you are seeking the SMC M award or higher-

still they know that the VA will deduct what you get now from any retro award-

If I were you I would do it myself- as long as you have medical evidence of higher award level- you dont need a lawyer-

that should be the case for any one here-

should be- but it often isnt-

20 lawyers told me I didnt have a case Gary-

I won my FTCA case by myself-

I called some of them up and told them how much money they lost.

After that every time I walked into the Steuben COunty Court House Law library-the lawyers in there treated me with plenty of respect-this all involved the VAMC minutes from the court house so it spread like wildfire when I won-

and of course countless vets contacted me feeling they too were malpracticed on-at this same hospital-

I got the first vet (a friend of my husbands-who didnt even understand the Section 1151 claim I prepared for him-) 100% and SMC under 1151 in 4 months- and sent the rest of these vets to my POA who is right on the Bath VA grounds.

The SMC regs are intricate and I also suggest that you obtain a copy of the VBM- only a few pages might help you-it costs 130 bucks with S/H advocates rate-but the SMC stuff helped me figure out how high the level of SMC was due my husband in his lifetime- never awarded-for my CUE claims.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use