ptsd Deadline Nearing On Form 9. Need Advice

[Jim 501st]

I haven't posted in quite a while. I spent the winter in sunny Florida. The motor home parks we stayed in had limited Internet access.

I am 50% ptsd, 30% hearing, and 10% tinnitus= 70%.

I had a DRO. hearing on knee injury , Meniere's, and neurogenic bladder. I recently got a decision and all was denied. I also received a copy of my transcript where I made my case on the above claims. To make it short the entire transcript was eligible except every thing I said. On every reply and statement I made during this hearing the transcript shows three or four words in every sentence connected by lines. I can't even tell what I said.

In short the DRO couldn't either so he just copied and pasted previous decisions.

My problem is I have until the 27 of April (this month) to file a form nine.

I decided I would use a Lawyer as I am getting no where at this point. All the evidence is in my c-file to grant these claims. I talked to a national law firm that has an office in my area. I have an appointment on the 13Th of April. He advised me to bring soc and ssoc to his office and he would fax a form 9 that day.

My rep. Who's office is in the RO's building called me yesterday and ( He was my rep at the hearing) said I should file the form nine with him so he could get it stamp dated. As we talk, I told him about the transcript and he said I should request another hearing at the RO before it goes to the BVA. He said there was a box I should check on the form to make this happen. I ask him if I should consider a lawyer at this time and he said no, that I needed to present more evidence and all a lawyer could do was argue the legal aspects of my case.

I'm a little confused at this point as I thought a Lawyer would aide me in getting the evidence together that he needed to present at the BVA.

If anyone has any experience in this area I could sure use some advice pronto.

Thanks in advance Jim 501st

[Berta]

In a way I agree with the rep- but only based this on what you said here so far-

"I'm a little confused at this point as I thought a Lawyer would aide me in getting the evidence together that he needed to present at the BVA."

I hate to say this bluntly-but that is your job.

Lawyers might see something that has not be obtained yet as evidence and try to get it (like if there are SSA records VA is failing to attain) but other then that they are looking at the established record so far.

"I had a DRO. hearing on knee injury , Meniere's, and neurogenic bladder. I recently got a decision and all was denied"

Can you scan their full rationale for the denial and post it here?

I am assuming both the VA and you have your SMRs.and that so far a nexus is lacking.Only the Meneieres could possibly have medical nexus to your SC hearing problems-but that too would take a medical nexus.

Question-I forget if you answered this already-

Are you employed? If not have you apply for TDIU yet?

I also assume the VA made a statement as to why they didn't consider you for TDIU in the 70% award.

Lawyers should be looking for VCAA errors right from the git go as this could cause a BVA remand- meaning more time added to claim- and they have to have all pertinent evidence at hand because once a BVA denial comes through and a case is appealed to the CAVC no more evidence can be admitted into the record.

(unless there is a CAVC remand-hard to get- and that this factor opens the door for more evidence.)

Many lawyers will suggest an IMO. I think some NOVA lawyers obtains IMO in some cases and adds this fee at the end if the claim is successful.

Has the lawyer assessed this claim already and told you yuet what still might have to be ontained? Then again-this should have been stated by VA in the VCAA letter as well as in the SOC.