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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Rob m

Thoughts On Hiring A Lawyer

Question

Just wondering what everyones thoughts are concerning hiring a lawyer to represent me when I file my VA case. I'll be retiring from the military in a few months and have a federal job lined up in Georgia. I don't wnat to go through years of appeals and low ball offers (which could still happen even with a lawyer) and maybe never get what I feel I truely deserve. My main condition in skull removeal with under lying brain damage and cognitive problems associated with this. I also feel like I have PTSD but according to my Neuro doc he said thats a mental condition and I have a physical condition so I may line up a different doc after I move.

Can anyone reccomend a GOOD lawyer in the Georgia area?

Thanks

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Thanks

Rob,

I too have TBI, don't get ahead of yourself, plan your course of action as you move to lovely old GA.

The TBI is 1 claim the PTSD is a separate and distinct claim. Before you retire make sure you have all medical records in hand.

Names and alternative addresses of fellow airmen. By alternative I mean sister/brother, parent in case you need them as a witness down the road. Next if I had a permanent address in GA. I would find address and contact for the VFW and get joined. Reason being They have a Vet. Service Rep. to assist with your claim, or new friends can guide you too best vet. service reps. in area. NOT A LAWYER yet.

My Neurologist at the Vet.Med.Ctr. gave me a letter to use in my SMC claim, I'm sure it was of benefit. "I read it was of value, so I submitted it with claim". Before leaving do you have a medic, nurse or is your neuro. a friendly type that would write a letter?

The best person to present the FACTS of the claim or claims is yourself... Spend as much time as you can and need to research the law on TBI claims and with that in hand go to % ratings. You will (just my opinion) find additional claims available when you read cases/appeals decisions on TBI cases. I have seizures-there are different types of seizures, gran-mal, then petit-mal. Do you have amnesia I have retro-grade, have multi-functioning difficulties. Research-Research-Research

Best of Luck

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Rob

One thing for sure is that if you don't file a claim you will never get anything. What you need is evidence. I would not trust numb nuts at the VFW. You can hire a lawyer from any state to represent you. You should be ready for a fight when you file. I would file for every condition I have within the first year after retirement. It gets much harder after that because of time factor. I think getting a lawyer is a good idea if you don't want to work the claim yourself. Their is something called the profit motive which works better than some VSO that has hundreds of claims and gets paid by the hour to sip coffee.

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Rob,

If you are on an active duty base (I hope you are, if you aren’t let us know. It will add a hurdle, but not one an insurmountable one.) you are in luck. In your last few months you will receive transition briefings (you probably have already started), pay attention! In one of those briefs they will discuss how to file a disability claim. They will tell you were the veteran service office on base is located (some base/post have better ETS/Retirement programs than others, so they may not go to in as much detail), if they don’t ask about it. Go there and talk to a VSO. The VSOs on military installations are usually really good at their jobs. He / She will be of great help. Take advantage of it! I see that you have been a member of Hadit for nearly a year now and no doubt have a good idea how the disability system works, so you are way ahead in the game. When you go to see the VSO you will need to take a copy of you military medical records. It should contain your records from MEPS until now. You will be given an opportunity to get this copy before you are discharged. Take this to the VSO and tell the VSO what you want and he will help.

At this point, that is the way to go. Getting legal representation is an option that is way down the line and probably will not be needed. You need to initiate your claim and see what the VA Regional Office does with it. You said that “I don't want to go through years of appeals and low ball offers”. Unfortunately you might have to. That is just the way the system works, at times. The best way to avoid this is to submit a solid claim with full medical documentation.

As far as the PTSD, you can file for it but it will be very hard without a diagnosis. You probably need to start seeing VA mental health after retirement, get a diagnosis and then that can be used to file as a part of a Notice of Disagreement. But don’t be afraid to file now, get a filing date and get denied. Just get the diagnosis within a year to file the NOD and introduce new evidence.

Two things I would like to say:

1. For every member of the military ETSing or retiring. You will be given a final out physical. At that physical tell them about every ache, pain, concern, etc. This is the last chance for the military member to officially document medical problems, thereby making the issue in-service! Tell them about rashes, hair loss, scratches, scrapes, itchy ass cheeks…EVERYTHING!...LAST CHANCE!

2. With no disrespect to those that have been here a long time (this isn’t a flame, just my honest opinion): I am a VSO. In the last month I have filed claims for Vets that won’t win and are just looking for financial help and see VA disability as an option; I have also seen a Vet dying from mesothelioma and has since been placed in a hospice; and all sorts of Vets in between. The simple fact is I will fight for both the same. I will give it all I have. All VSOs are not created equal. Vets may have to shop around for a good VSO. But when a well-informed Vet and a dedicated VSO are working together; they will win. To tell Vets to just avoid all VSOs and go it alone, is a great disservice to that Vet and slows down the process for everyone else. A fully developed, properly filed claim receives a quick decision and allows the RO to start on the next claim in the pile, speeding up the process for everyone. ROs can be at times slow, stupid, etc. But to get the idea that they are the enemy (with the possible exception of Milwaukee) is wrong, they just need the claims to be filed complete and by the regulations.

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Rob -

I have had horrible and wonderful service officers and everything in between. Lot's here don't agree with me, but I always have a service officer that I work with on any claim. I've been very lucky with my current service officer been with her many years now and she has been great, informed, and helpful.

Rob,

If you are on an active duty base (I hope you are, if you aren't let us know. It will add a hurdle, but not one an insurmountable one.) you are in luck. In your last few months you will receive transition briefings (you probably have already started), pay attention! In one of those briefs they will discuss how to file a disability claim. They will tell you were the veteran service office on base is located (some base/post have better ETS/Retirement programs than others, so they may not go to in as much detail), if they don't ask about it. Go there and talk to a VSO. The VSOs on military installations are usually really good at their jobs. He / She will be of great help. Take advantage of it! I see that you have been a member of Hadit for nearly a year now and no doubt have a good idea how the disability system works, so you are way ahead in the game. When you go to see the VSO you will need to take a copy of you military medical records. It should contain your records from MEPS until now. You will be given an opportunity to get this copy before you are discharged. Take this to the VSO and tell the VSO what you want and he will help.

At this point, that is the way to go. Getting legal representation is an option that is way down the line and probably will not be needed. You need to initiate your claim and see what the VA Regional Office does with it. You said that "I don't want to go through years of appeals and low ball offers". Unfortunately you might have to. That is just the way the system works, at times. The best way to avoid this is to submit a solid claim with full medical documentation.

As far as the PTSD, you can file for it but it will be very hard without a diagnosis. You probably need to start seeing VA mental health after retirement, get a diagnosis and then that can be used to file as a part of a Notice of Disagreement. But don't be afraid to file now, get a filing date and get denied. Just get the diagnosis within a year to file the NOD and introduce new evidence.

Two things I would like to say:

1. For every member of the military ETSing or retiring. You will be given a final out physical. At that physical tell them about every ache, pain, concern, etc. This is the last chance for the military member to officially document medical problems, thereby making the issue in-service! Tell them about rashes, hair loss, scratches, scrapes, itchy ass cheeks…EVERYTHING!...LAST CHANCE!

2. With no disrespect to those that have been here a long time (this isn't a flame, just my honest opinion): I am a VSO. In the last month I have filed claims for Vets that won't win and are just looking for financial help and see VA disability as an option; I have also seen a Vet dying from mesothelioma and has since been placed in a hospice; and all sorts of Vets in between. The simple fact is I will fight for both the same. I will give it all I have. All VSOs are not created equal. Vets may have to shop around for a good VSO. But when a well-informed Vet and a dedicated VSO are working together; they will win. To tell Vets to just avoid all VSOs and go it alone, is a great disservice to that Vet and slows down the process for everyone else. A fully developed, properly filed claim receives a quick decision and allows the RO to start on the next claim in the pile, speeding up the process for everyone. ROs can be at times slow, stupid, etc. But to get the idea that they are the enemy (with the possible exception of Milwaukee) is wrong, they just need the claims to be filed complete and by the regulations.

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1. For every member of the military ETSing or retiring. You will be given a final out physical. At that physical tell them about every ache, pain, concern, etc. This is the last chance for the military member to officially document medical problems, thereby making the issue in-service! Tell them about rashes, hair loss, scratches, scrapes, itchy ass cheeks…EVERYTHING!...LAST CHANCE!

OK, I have many problems associated with the gulf war that I did not go on sick call for, but they are all mentioned in my ETS physical. Are you saying that even if I didn't go on sick call for something I can use my ETS physical as evidence for a claim?

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