Will Attorney Speed Things Up?

[darkhorse]

Hi, i been thinking about getting an attorney to help speed things along with my claims and IU. Any experience here if getting lawyer helps. I have turned everything in for increase but everytime I call they give me the same verbage. "your claim is in the development stage."

I just want to speed things up since they have all my evidence and I even turned in VCAA notice that I didn't have anything else to submit.

dH

[jim n ok]

an attorney at this stage is not necessary. jmho

[darkhorse]

Thanks Jim, knowing my luck i would get one and two weeks later it would go to rating board.

dh

[jim n ok]

if you go poking around with an attorney it may undo some progress,besides,you can't get an attorney until you've been denied i think.

[darkhorse]

I called the 1-800 number earlier today and was told they were still waiting on my VCAA notice so they could proceed...I turned this VCAA notice paper in over month ago.......go figure

Today I sent another just in case they lost it or never got it. You know the form that has two check boxes at bottom where you check whether or not you have more evidence to turn in.

dh

if you go poking around with an attorney it may undo some progress,besides,you can't get an attorney until you've been denied i think.

[Ricky]

Even dracula could not speed up your claim. They are an organization entrenched in a govt bureaucracy laced with enough redtape that would scare China.

Hang tight. It is a very, very slow process, but it is the best disability system in the world - once on the inside it will take very good care of you.

[broncovet]

I do not think an attorney will speed anything up. If your claim is in the "development stage", an attorney is not necessary IMHO.

You will do yourself some good if you realize the reality..the "development" stages lasts 1-2 years and the appeal stage lasts another 3-5 years. You can pretty much count on a VA claim taking about as long as your military service..at least 3 years. Do not buy into the false number they throw around of 6 months. That assumes everthing is perfect and you win your full benefits on the get go with no appeals. This almost never happens. Most of the rest of us waited an average of 2-5 years. My wait was 7 years. The VA loves to requrire 5 or 6 decisions to accomplish what one decision should accomplish.

After 7 years, I have to go back and appeal again, because the VA is trying to "weasel" out of paying back benefits from seven years ago..they are trying to only pay 2 years retro and not 7.

Get yourself some kind of hobby or something you like to do..play chess..watch football...something..its going to be a long, long wait.

Edited September 2, 2009 by broncovet (see edit history)

[Pete53]

If it was me I would take a copy of the VCAA Notice directly to the VA have them date stamp it and ask them to put it in your file for rating.

The mail room at most VA's is a nightmare with even bigger duds working there than in the offices upstairs.

[iraqx2]

Just like the other comments, an attorney will not help speed things up. I've been down this same road before. And it does suck that you have to wait. How long has it been?

[Berta]

Only if and when you file a Notice of Disagreement with a denial, can you obtain a lawyer- under the attorney for vet regs.

You are not at that point yet.

I was thinking this morning that it is only attorneys who can possibly benefit from the fact that VA is not only behind on claims but is taking their time in forwarding awards to finance.

I certainly believe that in many cases vets need lawyers to represent them but the succeed of a claim does not depend on the representation-it depends on the evidence.

If I were you I would give my POA to a rep from DAV,AL or any major org who has an office in or near your VARO-if all this rep can do is make sure they have all of your evidence and consider it-that is a plus.

[Berta]

Forgot to add -when they give you a C & P exam -make sure you obtain a copy of the C & P results from the VAMC where it took place.

It will give you idea as to whether your claim will succeed or whether you have to respond to a denial based on the C & P results.

[john999]

The only way an attorney could speed things up would be to avoid errors, and to do a high class brief for the BVA or Court. When you get to your appeals I think just by avoiding certain errors a good lawyer could help. Like if you have a complicated claim that involves legal errors you could probably use someone who knows the actual law. As Berta says, what wins claims is evidence. If you have good evidence you win eventually with or without a lawyer.

You know I think the SSD system is rigged to provide job security to SSA administrative judges and lawyers. The same could happen at the VA. But at least at SSA there is a comphrehensible process.

I was told the St. Pete VARO gets 10,000 pieces of mail a day. They have a trained chimp to sort the mail.

[darkhorse]

Hello, and thank you all for the comments and bronco,.......I forgot that football season is almost here. That will take my mind off it somewhat, except when my team loses then i'm obsessing about the claim again. haha

dh

I do not think an attorney will speed anything up. If your claim is in the "development stage", an attorney is not necessary IMHO.

You will do yourself some good if you realize the reality..the "development" stages lasts 1-2 years and the appeal stage lasts another 3-5 years. You can pretty much count on a VA claim taking about as long as your military service..at least 3 years. Do not buy into the false number they throw around of 6 months. That assumes everthing is perfect and you win your full benefits on the get go with no appeals. This almost never happens. Most of the rest of us waited an average of 2-5 years. My wait was 7 years. The VA loves to requrire 5 or 6 decisions to accomplish what one decision should accomplish.

After 7 years, I have to go back and appeal again, because the VA is trying to "weasel" out of paying back benefits from seven years ago..they are trying to only pay 2 years retro and not 7.

Get yourself some kind of hobby or something you like to do..play chess..watch football...something..its going to be a long, long wait.