ptsd Lawyer V. Vso

[jsdwd]

I am going to appeal my rating as being under-rated (received 30% for ptsd and think it should have been at least 50% or 70%)

A friend recommended an American Legion VSO who works right in the same building as the RO.

Another friend recommended a lawyer who is from another state.

The VSO told me "don't get a lawyer". When people tell me not to get a lawyer, I become suspcious.

Other than the obvious difference that I have to pay the lawyer (he is willing to take the case on contingency) what are the advantages and disadvantages of each.

I wish to decide before making the appeal. Each has sent me a Power of Attorney to sign...

What should I do?

BTW about how long will a DRO appeal process take (approximately)?

[Pete53]

Its a little tricky. Yes you could appeal and win and no a Laeyer foes not guarantee a win.You have hadit so you can do either. Its your claim go the way you feel best.

Since it is an appeal I would consider the lawyer if I was convinced the Lawyer would speed things up.

Good Luck cause until a year ago none of us had the choice you have tight now and yes it was the SO's that did everything they could to keep Lawyers out of our reach.

[sharon]

The American Legion has lawyers on staff at the national level. See what the VSO has to say first. If you don't feel comfortable with the direction of your appeal, hire a lawyer.

[broncovet]

I would comment here that the lawyers fee is usually limited to 20% of the retro, but has to be reasonable to be approved by the court. If your Retro was $100k and all your lawyer had to do was request a DRO Review, I kind of doubt they would say $20k was reasonable for a DRO review filing, so, in a way you are a little bit protected from excessive laywers fees. I dont know that this has been tested in court, tho. I contacted 2 lawyers in my case, and both of them said I can resolve the issue myself at the RO level and suggested if the DRO fails, consider recontacting them.

A well known lawyer suggested that you ask yourself this question:

"Can a lawyer make me money" If you think the lawyer can get you a larger retro than you can on your own, then by all means hire him. However, if you have lots of time on your hands, can use a computer, and like to do research for your cause, then you may be able to do this yourself.

I think a VSO is ok for "basic" stuff..for example, if you dont know what a NOD is, then you should ask a VSO to explain it to you.

My experience, tho, is that VSO's, who have no financial interest in winning your claim, wont do the in depth analysis necessary to win many complex claims. And, the VA has a way of making the most simple of all claims extremely complex.

In the end, I think you should look at it this way:

If you can go to the VSO and he can fill out forms for you in a half hour and win your benefits, then by all means utilize this free service.

However, if you are expecting the VSO to go through hundreds of pages of medical reports, multiple RO decisions, IMO's and IME's, it is not happening. A lawyer will do that for you, tho, because he is getting paid handsomely to do just that. IMHO if you need an IMO, then you probably need MORE than just a VSO.

[Bonzai]

When I spoke with my NOVA lawyer, he told me that prior to my having either my SC appeal or SSDI appeal, he will send me for an IMO. In fact, it is the same person who does the SS MOs. The difference being is that the SS MO is cursory and doesn't go in depth, while the IMO he will get costs 10 times as much, and will take about 4 hours. I am really curious about what the IMO will state, but for now - I wait *sigh*

For awhile I was worried if I made the right decision, but then I thought about everything being on a contingency basis. I would rather have part of something than all of nothing.

[jsdwd]

I would comment here that the lawyers fee is usually limited to 20% of the retro, but has to be reasonable to be approved by the court. If your Retro was $100k and all your lawyer had to do was request a DRO Review, I kind of doubt they would say $20k was reasonable for a DRO review filing, so, in a way you are a little bit protected from excessive laywers fees. I dont know that this has been tested in court, tho. I contacted 2 lawyers in my case, and both of them said I can resolve the issue myself at the RO level and suggested if the DRO fails, consider recontacting them.

The contingency fee I was quoted was 25%. The lawyer is Robert Chisholm from R. I. , who has a good reputation. The case has a couple of tricky aspects to it and may well require an IMO. Has anyone used Chisholm as an attorney and what did you think?

I like the idea that the lawyer has a stake in the outcome and ten to favor that route.

[john999]

Nobody from the American Legion is going to recommend you get a lawyer. They would be cutting their own throats. You decide for yourself if you want a guy who does a hundred claims a month or someone who gets paid to win. The lawyer only gets paid if he wins. If he takes your claim it is because he thinks he can win. The VSO takes all claims. If you claim is complicated, and is in appeals then I think a good lawyer may be the way to go.