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Has Anyone Here Ever Used A Real Lawyer To Fight The Va?

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retiredat44

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Has anyone here ever used a real lawyer to fight the VA? Was it successful? Did you try the VA service organizations too? etc.. etc..

Thanx..

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

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Problem is "real lawyers" want "real money" and the laws and VA regulations specifically insure that "real money" will never be provided to lawyers who take veterans claims.

Since they are not allowed to work on a fee basis( I think the law does or did say $20) until the vet is in appeal status and then they are relegated to a % of the accrued benefits. In rare instances further on in the appeal process (CAVC I think) if the Governments position is found to be unreasonable then payments are available under the equal opportunity for justice act (not positive on the name).

This arrangement has provided VA cover for many years, but I am seeing some very good lawyers and organizations (not your traditional VSOs) begin to get some traction on making VA accountable for its worst infractions.

Your stereotypical "Pit Bull" lawyers don't find enough money or recognition (for thier egos).

Best regards,

Tyler

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It's sad, really. Makes me want to go to law school just to practice in an area so desperately needed. Would be an excellent use of the Post 9/11.

Limbo is status quo for the VARO.

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  • HadIt.com Elder

I have a lawyer who is fighting for me right now on my CUE that goes back to 1971. If there is a chance of a good payday the lawyers are there. You have to file a claim and get a NOD to hire the lawyer. Just do a generic NOD if you plan to get a lawyer and let them take it from there. If there is retro involved and you have a good case I think you can get someone to represent you.

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Carrie Weletz from Bergmann and Moore gave their contact info out on this SVR show available in our SVR archives.

http://www.svr-radio.com/archives.html

She said if the claim was denied but even if the NOD has not been prepared yet, they can assess the claim.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I hired a lawyer I found through the National Organization of Veterans Advocates (NOVA) website, and he helped me prepare my NOD. I had all the information gathered, but he really help me organize it and the wording to be used. I won on the NOD and didn't have to go to a hearing. After the win, he didn't charge me a cent because he said my case was a slam dunk and he really didn't do that much to help me. I am not saying all NOVA lawyers would have done the same though.

That being said, I also have the same lawyer for my SSDI case, and we are battling it out tooth and nail with the SSA. We are at level three (Social Security Appeals Council), and my lawyer says he will take my case to District Court if we lose the appeal.

"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me

96C2P/96F2P (old MOS designations)

97E2P/37F2P (new MOS designations)

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