Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Question About Getting A Lawyer

Rate this question

hawkfire27

Asked by hawkfire27,

 Share

Question

hawkfire27 Rising Star

hawkfire27

Posted
Posted (edited)

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 by hawkfire27

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

Link to comment
Share on other sites
  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

11 answers to this question

Recommended Posts

  • HadIt.com Elder
Testvet Grand Master

Testvet

Posted
  • HadIt.com Elder
Posted

there are a lot of lies out there about what lawyers can charge for handling VA cases unlike SSD where the fee is capped at 25% of a max payments of 5400 dollars the lawyers that handle VA claims can get 20% of all back pay with no maximum but also they do not get 20% of all future payments either just the back pay the veterans gets the entire future checks.....there are procedures for the COVA cases where veterans lawyers can file tohave their fees paid by the EAJA provisions regardless I fought the VA from Oct 2002 most here know my case real well when they allowed us to get lawyers in July 2007 I did as soon as I could which took all the stress off of me and the lawyer dealt with it within 2 years my cardiac issues were SC which the VARO and all of the SOs had told me I would never get SC no matter what I did, I was fighting a lossing battle and my wife would never be protected if I had a haert attack and died before I reached the 10 year mark of being SC for PTSD given my extensive cardiac problems that is a very real possibility 7 heart attacks, a failed triple bypass and 2 failed stents and an ejection fraction of less than 30% so getting the cardiac SC was real important for my family the lawyer got it doen, she was a NOVA trained lawyer and is a member of their group, I was lucky she took my case pro bono because she felt they were doing me wrong and they were, so when she got me the SMC S back to Dec 2003 she wouldn't take a nickle for it even though I was more than willing to pay the 20% she earned it as far as I am concerned and my wife also, but she said ethics prevented it. That is something the VARO seems to forget about ethics the sooner you can get a lawyer involved I suggest you do so just for your mental health

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites
SLEDGE Mentor

SLEDGE

Posted
Posted

I misspoke below.

My lawyer got my TDIU for free, pro bono, no cost.

He has filed for EAJA funds and may have already received that check.

I know I will never be overcharged by 'my lawyer' and he is still doing his thing.

sledge

Those that need help the most are the ones least likely to receive help from the VA.

It's up to us to help each other.

sledge twkelly@hotmail.com

Link to comment
Share on other sites
  • HadIt.com Elder
Testvet Grand Master

Testvet

Posted
  • HadIt.com Elder
Posted

sledge there are some great veterans lawyers out there and then there are some who do not know diddly and hurt the veterans they represent I suggect you do your research on any lawyer "you hire" and do they belong a group that had continuing education classes, do they have mentors that help each other or are they a solo operation? Do they have a track record that you can see and use to help make you decide no lawyr wins every case not should they be losing 90% of them either do your homework before signing a contract with any lawyer

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites
SLEDGE Mentor

SLEDGE

Posted
Posted

I would recomend NOVA (National Organization of Veterans Attorneys) first.

My PTSD specialist is a charter member and as far as I know he is always maxed-out with clients.

By contacting NOVA or a NOVA lawyer you should get a list of attorneys that can do the job.

Don't hire any lawyer that wants money up front before you win any retro benefit money.

The same is true with SSD lawyers.

Mine asked for nothing up front and his payday came straight from the government as a percentage of my retro.

He does not turn away anyone so his win record is only about 95%.

Lawyers that know how to win are not starving and will not require anything up front before you are awarded.

sledge

Those that need help the most are the ones least likely to receive help from the VA.

It's up to us to help each other.

sledge twkelly@hotmail.com

Link to comment
Share on other sites
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

I agree with about all that has been said and will add my 2 cents:

If you do decide to get a lawyer, be certain (s)he is experienced in VA law, as a "regular" non VA lawyer wont help you much, because, as Berta pointed out the VA "goes its own way", and VA law has very little to do with "regular" LAW.

Also, Test is right that 20% of the retro will be the max you will pay. (Plus they may be able to charge you for some expenses, copies, etc). Some good alternatives to paying the 20% may work: You may be able to get a Pro Bono (for free) lawyer, or your fees may be paid by EAJA. Of course, I would persue the "free" methods of gettting a lawyer before committing to pay 20%. Even if you do wind up paying 20%, many have pointed out 80% of something is more than 100% of nothing.

Lawyers do "pro Bono" work for many reasons, and some do an excellent job of it. You can begin a search for a Pro Bono attorney Here:

http://www.vetsprobono.org/

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter
    • First Post
      Sparklinger
      Sparklinger earned a badge
      First Post

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept