Dav Wants To Provide Attorney For Cavc Claim

[MikeR]

Recently got a letter in the mail from the DAV providing me a name of an Attorney for a CAVC appeal that they are advising to appeal using them. Historically the DAV has been of very little help to me personally so was wondering if anyone had heard of this, and would anyone follow their recommendation? Just a bit suspicious of them wanting to provide an Attorney of their choosing. Had thought they were against Attorneys in the process. This is confusing.

[Pete53]

The DAV and the VVA often pay for the Lawyers at this level. I would check the lawyers credentials and talk to him

[john999]

The DAV is providing a name, but are they going to actually pay the lawyer? The lawyers usually take a percentage of your retro. I would check out the lawyer. I would want to get the best lawyer I could get even if he gets some of the retro. Knowing the DAV there may be something they are not telling you like this lawyer is the son in law of the DAV commander or something. I think that usually when you pay for something you get a better product than when it is charity work. You notice not many lawyers do SSD work for free. I did a wrongful death claim against a nursing home. The lawyer did get 40% of the award, but he and his staff did a great job of just pounding the hell out of the insurance company. My claim was not an afterthought. It was my lawyer's business that puts food on his table. He was motivated.

[Berta]

I am concerned about this too-

the DAV and the VVA pays lawyers to be representation for VA claims???????

[Pete53]

I am concerned about this too-

the DAV and the VVA pays lawyers to be representation for VA claims???????

Berta:

The VVA has their own Lawyers Alex Humpfrey was one of them and they take claims when they reach the Courts. The original poster said that the DAV recommended a lawyer but not that they would pay. I apologize if I have caused confusion.

[broncovet]

You have a right to be suspicious when someone tells you, "I am with the government and I am here to help you". Or worse, the DAV who is saying,

"I get free rent from the government (the DAV "shares" office space at VA Regional Offices) and they paid me to tell you that you should have ........... attorney represent you. Oh, by the way, have you paid your DAV dues yet? We need your money so we can help other Veterans like yourself"

..you had better get your own attorney...UNLESS the DAV wants to pay their fee for you, and if they are paying the attorney, remember that attorney will chew your arm off before he bites the hand that feeds him.

[MikeR]

Well the letter said that it was a contingency fee from the retro, and a $50.00 charge they sometimes waive. When the AMC denied me this last time the DAV guy on the phone was reading my denial and he seemed pretty peeved at them, which was not the norm. I filed the appellant's brief (with a Hadit member's help) and added the 2 page letter from the specialist (OSU Chief of Ortho) ref my ankle with appropriate Dorsiflexion/plantarflexion measurements, as well as etiology with an opine of service connection. That portion is back at the rater as the last 2 VA exams did not mention as instructed if they thought the injury was service connected.

Well if that does get resolved in my favor, the only thing left is the PTSD which I could either let drop, and file a Depression claim, or fight on to CAVC. I was wondering if the new proposed PTSD rules may help? I may just see if Ken Carpenter will take my case.......