Hoe To Get A Lawyer Anytime From Day One

[Guest elizabeth]

Hi i just want to state va will not let you get a lawyer before it goes to bva WRONG YOU CAN NOT HIRE A LAWYER FOR YOURSELF BUT someone can hire a lawyer for you they and you must sign a statment you are not paying them anything so you can have a lawyer from the first day you file a claim ELIZABETH :(

[Berta]

"don;t make statments you cannot back up anything va states i would doubt so call jhon lenord and find out yourself you might learn something"

ELIZABETH

I already have learned something Elizabeth-

I will back up my statement with the fact that no lawyer would help me on a FTCA claim in 1994 nor would they help my husband on a SSA claim in 1992 .Nor on a ADA claim in 1991.

The SSA lawyer could have made $4,500 -I helped Rod myself and he won large SSA retro.No legal fees.

No lawyer helped him when he won the first ADA case in NY- I helped him.We did not have to share the settlement money.no lawyers helped- no legals fees to pay-

The VA paid me the largest FTCA settlement I could get under NY state law and lawyers lost 1/3 of that- a very nice chunk because they would not help me- so I sued the VA myself. I paid no lawyer any fee.

How successful has your husband's claim been since he obtained counsel?

since you know so much about VA regs and case law-and I need to ' learn something' -

I suggest that you continue to answer the many board questions here-

That way I can take a well deserved break.

[Guest elizabeth]

Dear Fellow Veterans & Friends.

Actully we do have the same rights to courts and lawyers as everyone else does. ITs just no one knows it.

3 years ago the RO when it denied my back pay. Went into the computer and changed my direct deposit bank # and lost my check. I had 4 days before I was being evicted. I wrote my congressman Rick Keller the VA administraton and lawyers. I warned them if lost my home or the lights were shut off. I would surrender to a Fed Jury trial in progress for my own safety. This would get me arrested where I would have my own day in court with a real judge, jury, lawyer and ill tell them everything I know about your criminal acts. 4 days latter my check was in my mail box.

This illegal wall congress built around the court to keep vets out is no more legitimate than the berlin wall was. Once you cross on the other side its a whole new ball game. Just think of it the way Cubans do. If they are caught in the ocean. They are deported back If they put one foot on US soil. They have constitutional rights to courts lawyers ect. Once you place your foot in that court room and declare your need for protection. Man you just open up a can of worms for the VA, the courts, and raise interestng issues of what do we do with 3 rd class citizens who wont take that any more.

Terry Hggins

terry thank you for answering my post what i stated is right veterans do not seek information on theiir many of veterans have lost benifits because of this mr john lenord has a web site i will be usinng him if our case is not ajusted to our our facts mr lenore also has a toll free number 1-877-657-5803 veterans must be gided by the law NOT va law the us courts does coniser the court consider the va court of appeals as a true court so any disision mand can be over turned in a court of law ELIZABETH :(

[Guest elizabeth]

If vets could hire lawyers from day one I bet this backlog and horrible mess of a VA system could be turned around in a hurry. If it was like SSA there would be lawyers advertising on TV for veteran claims. Not paying interest on wrongly denied claims is a moral crime. If the VA just had to pay interest on back pay that would make a difference. As it is there is no incentive for the VA to not deny claims forever. Also, having the claim die with the veterans is BS. The spouse is left to try and get DIC on a wrongly denied or delayed claim. What a crime.

you can get a lawyer as i told you how it can be done one point i would like to make the us courts did not reconize the va court as a court ELIZABETH

[Guest elizabeth]

"don;t make statments you cannot back up anything va states i would doubt so call jhon lenord and find out yourself you might learn something"

ELIZABETH

I already have learned something Elizabeth-

I will back up my statement with the fact that no lawyer would help me on a FTCA claim in 1994 nor would they help my husband on a SSA claim in 1992 .Nor on a ADA claim in 1991.

The SSA lawyer could have made $4,500 -I helped Rod myself and he won large SSA retro.No legal fees.

No lawyer helped him when he won the first ADA case in NY- I helped him.We did not have to share the settlement money.no lawyers helped- no legals fees to pay-

The VA paid me the largest FTCA settlement I could get under NY state law and lawyers lost 1/3 of that- a very nice chunk because they would not help me- so I sued the VA myself. I paid no lawyer any fee.

How successful has your husband's claim been since he obtained counsel?

since you know so much about VA regs and case law-and I need to ' learn something' -

I suggest that you continue to answer the many board questions here-

That way I can take a well deserved break.

berta i am only trying to make a point i like all your posts as to our case we are going to go back to 1948 1978 ant 100% my son will be added on as a dependent from birth my husbands insurance policy is being up grated yhe insurance is calling me on thursday; i did not hire a lawyer as i am friends with a lawyer who guided me and there was no charge to me

[timetowinarace]

Did a little research on this a while back.

1. Yes someone else can hire a lawyer for you.

Problems with this: Who has a few grand laying around that I can't pay back to them just to give away? My last research showed seven attorneys that were experienced VA disability lawyers in the nation. No one wants a job that seldom pays.

Advantage: Government studys have born out that most third party paid attornys are simply using the system to illegally hire attorneys. The plus here is that investigators have decided that Veterans need attorneys so bad that they are willing to break the law to get one. In most cases, it is well known by the Gov. that proving these lawyers are not axcactly obtained in the true spirit of the law, however the recognition for the need for them has detered anyone from stopping it.

Berta,

You are 100% correct in your assesment on the subject - for a person that is capable such as yourself. Try to realize we don't all have your capabilities and the years it takes us to learn all you that you know may be very tough years indeed. To pay someone would to do it right the first time would cut down the waiting time and the severe frustration that goes with trying to figure out what the VA needs. I would gladly have paid for someone else to take the pressure off me.

Time

[Berta]

"I would gladly have paid for someone else to take the pressure off me. "

Believe me-that was my point too Time---

I had never dreamed that lawyers would be so willing to turn down (our my and Rod's case) bonafide cases.

Elizabeth- if this friend lawyer is telling you that you can succeed under a CUE claim for more retro by using the Duty to Assist or Benefit of Doubt regs- and if he suggested that vets NOT ask for BVA review on the I-9 (I need to re- read that post you made on that one ) then he sure will be getting a phone call from me.

I hope he will have his copy of 38 C.F.R. handy when I call.

Please clarify if this is what he suggested-

Your husband could file a CUE under DTA and/or Benefit of Doubt and did he have a 'new' criteria for filling out the I-9 BVA appeals form ???

Edited May 17, 2006 by Berta