Is This Accurate

[hulamatt]

Is it true that i cannot hire a lawyer until my case has had an initial decision?

[Capt.]

Hello, I believe that you can only hire a lawyer if you have received a decision to your initial claim. And that the initial decision from the VA comes after the June 21, 2007 new date. Of course the other way to hire a lawyer , I believe is that if your claim has pretty much exhausted the VA appeals and BVA system and your claim is at the COVA stage. I was able to hire a lawyer because my claim fell into the June 21 ,2007 date on its initial decison from the VA. I would definetly hire a lawyer rather than use Veteran Service officers for 2 reasons. I know some very fine Veteran service officers and there are some here that are awesome. However if we remember that the U.S. Justice Dept. has their lawyers supplying the legal advice to the Regional offices and represent them. The Veteran , having a lawyer, at least gets a better chance on the playing field. Its all about law , plain and simple. Hopefully you will be able to reach some kind of decision and that your case fell after the June 21, 2007 date so that you can enjoy this benefit. It will make a difference.

The other reason is that the lawyer by VA rules and law must take a contingency and it usually is 20 percent of the retro or back pay , once your claim is adjudicated in your favor. 20 percent of something is better than 0 percent of nothing. I am sorry to say that very few of us here have enjoyed rapid response from the VA decision making process. It takes time and patience. I am also sure that you will get some good recommendations from the members here on which lawyer might be best for you. It will not be any lawyer as the VA must have the lawyer certified to practice VA law which is different than most other laws. In other words , the VA still finds ways to corrupt their own system and frustrate their own law and in their favor of course. The Vet having a lawyer just keeps some of the insanity of the VA's shennagans at bay.

I would suggest keeping good records, gather undeniable IMO's , gather evidence, mail certified on all correspondance, keep all appointments and meet all deadlines and above all.........NEVER GIVE UP. God Bless, Bill