Question About Getting A Lawyer

[hawkfire27]

Hi All, Does anyone know about getting a lawyer for a BVA appeal???

Do lawyers get payed by the government or the vet, (I know SSA lawyers can get paid by the government)my husband is 100% and can't organise this and I am from out of country and I don't understand the US legal system very well.

Any help would be great and much appreciated. Thanks

Edited April 22, 2010 by hawkfire27

[Berta]

Success at the BVA level would have the legal fees paid from the retroactive compensation.

There are some great lawyers out there representing veterans but they cannot replace having good evidence and proof of a nexus.

A good lawyer will also insist in many cases on the vet obtaining an IMO-because that might be the only way to succeed.

VA has it's own "legal" system. We don't have the same rights as anyone in civil court.If we did -our evidence would not become lost or ignored.or destroyed.

[MikeR]

Had 2 items denied by the BVA, filed an appellant's brief using an example provided here at Hadit. One item they approved and sent back to the AMC, the other they sustained and upheld their denial. (not exactly justice when the Bully gets to decide if his actions were wrong) The other

I am appealing a with the CAVC. The DVA referred me to a law firm named Chisholm, Chisholm, and Kilpatrick 1-800-544-9144 whom handle cases for Veterans and have testified before Congress on the problems with the VA and how they treat vets. Now the best outcome I am hoping for is that they will win a Remand/with Instructions at the court. This is paid for by the Equal Access to Justice Act. I would ask first so that it is clear.

[Pete53]

I know that some object to hiring lawyers after all the Service Organizations and the VA claims that Veterans don't need them. The cost is usually 20% of retro. I think that hiring a lawyer would have saved me a lot of grief and hardship over the 5 and 1/2 years that I struggled fighting the VA. First of all just the worry and anxiety was beyond anything I thought that I could endure.

I think that the VA knows it can't get away with the skullduggery and dirty tricks with the Lawyers that they routinely do to Veterans. I also think even looking here that when a Veteran gets a Lawyer the process goes much faster and the Veteran will have a much better chance to win their claim and be able to move on with their life.

As more and more Lawyers come into the fray things will get better and yes I see a big difference in the VA since Veterans were allowed to hire their own lawyers.

Of course its really up to the Veteran many here hire lawyers to help them with Social Security and those Lawyers are much more limited in what they can charge.

If I had to start over again I would hire a lawyer as soon as one would have me.

Just my opinion.

[Philip Rogers]

I used Chisholm, Chisholm & Kilpatrick. They won me a remand and were paid thru the EAJA, so no costs to me.

pr

Had 2 items denied by the BVA, filed an appellant's brief using an example provided here at Hadit. One item they approved and sent back to the AMC, the other they sustained and upheld their denial. (not exactly justice when the Bully gets to decide if his actions were wrong) The other

I am appealing a with the CAVC. The DVA referred me to a law firm named Chisholm, Chisholm, and Kilpatrick 1-800-544-9144 whom handle cases for Veterans and have testified before Congress on the problems with the VA and how they treat vets. Now the best outcome I am hoping for is that they will win a Remand/with Instructions at the court. This is paid for by the Equal Access to Justice Act. I would ask first so that it is clear.

[SLEDGE]

"I know that some object to hiring lawyers after all the Service Organizations and the VA claims that Veterans don't need them. The cost is usually 20% of retro. I think that hiring a lawyer would have saved me a lot of grief and hardship over the 5 and 1/2 years that I struggled fighting the VA. First of all just the worry and anxiety was beyond anything I thought that I could endure."

"the Service Organizations and the VA claims that Veterans don't need them."

The service orgs are all in bed with the VA.

If one of them keeps screwing up your claim and you pitch-a-bitch, they will drop you like a hot rock. THey don't need us to justify their existance, just need the VA office space.

"I think that hiring a lawyer would have saved me a lot of grief and hardship over the 5 and 1/2 years that I struggled fighting the VA."

Oh how true Pete.

After 21 years of VA games I hired a lawyer. He won my award of TDIU in less than 2 more years.

Anxiety?? The VA's most popular dirty trick is to cause the veteran anxiety and panic attacks. When your main problem is an anxiety disorder, like PTSD, the VA games can drive you over the edge. Many of our comrades have dropped their claims because the VA totally insulted their intelligence, patriotism, honesty and sanity.

Others, like me, have kept their claims going 'because' the VA insulted us.

The VA is people.

People who do what they are told to do regardless of what the law prescribes. We have no control over their pay and benefits. Screwing-up our claims does not impact their lives because they never see our faces or how badly our service affected us and they are faithfully

'protecting the interests of the government'.

Finding a lawyer that will take 20% of your retro benefit as payment for legal services could be the most important single action that you could ever take.

If the VARO people are obviously ignoring your evidence, a lawyer can shake their tree just enough to make a denial turn into an award.

Being awarded 80% of something beats the daylights out of pure zero any day of the week. Since my original claim was finally awarded and the lawyer was paid the maximum of 20%, anything after that will pay the lawyer 30% or more of my new retro.

And I'll grin all of the way to the bank.

By the way, my 3-08-2010 award from the BVA is screwed-up just like everything else that the VA has ever sent to me. My lawyer is on it like stink on manure.

sledge

[MikeR]

One thing I like about these attorneys is that they know the whole process well enough that when they do testify in Congressional hearings it really makes the VA look bad.