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 

  • tbirds-va-claims-struggle (1).png

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

     

  • 0

Lawyer Representation

Rate this question


68mustang

Question

I tried this week to get a lawyer who represents vets to represent me on my claims. To make a long story short I was told that they could not represent me because what it came down to was that it was not feasible for them or me to be represented by them because of the monetary compensation and their percentage fee (20% or 25% don't remember which). I was told that if the disability percentage I was trying to obtain was 70% or more that I could call them at a later date. You see I am only at 20% (10% tinnitus and 10% depression) now and they told me that I could probably go for an increase to 30% on my depression, which should bring me up to 40%. I was very happy at first because I was given the impression that they would represent me, then they pop my balloon. It all came down to dollars and cents. I am going to use a local VSO who is helping a vet friend of mine. Thanks just needed to get this out and somewhat vent.

68mustang

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • HadIt.com Elder

I am afraid that it is going to come down to that situation. If you had a shot at getting 10 years of retro the lawyer would probably take your claim. It is about money. A doctor hurt me recently and lawyers told me unless the doctor cut off the wrong foot I was out of luck. I did not like that one bit.

Link to comment
Share on other sites

I am afraid that it is going to come down to that situation. If you had a shot at getting 10 years of retro the lawyer would probably take your claim. It is about money. A doctor hurt me recently and lawyers told me unless the doctor cut off the wrong foot I was out of luck. I did not like that one bit.

john999

Thanks for your response. We are so out of luck as veterans.

68mustangs

Link to comment
Share on other sites

I am afraid that it is going to come down to that situation. If you had a shot at getting 10 years of retro the lawyer would probably take your claim. It is about money. A doctor hurt me recently and lawyers told me unless the doctor cut off the wrong foot I was out of luck. I did not like that one bit.

I was totally misdagnosed, and treated like I was a nutty kook, and drug seaker, was treated for thew wrong disease, and everything els,e but the lawyers would not even try to help.. that is just part of the whole medical systemin the usa.. also, a fact that the misdiagnosis was from an HMO , not the VA...

in the 1980's I piad $300.00 a month and had to pay co-pays for services... yet, the service was worse than the va.. the hmo, Kaiser had really nice building and furniture.. but they were totally clueless about intestinal disease.. also they screwed my back badly, they resused to mri my back., it turned out I had a broken disc I was suffering from, and they would only tell me to take asprin..

so, we are basically screwed..

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.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

  • HadIt.com Elder

I would say that if you claim is not going to be for 100% it is just not worth it financially for the lawyers to represent you. If you have a shot at 100% or IU then they will represent you. One of the lawyers who posted here said that would be how it would work out for us. When a lawyer represents someone for SSD they know about how much they are going to get since if they win they get a certain amount from the retro. With the VA if the vet is awarded 10% they get almost nothing for services. What this means is find a way to get 100%. It is possible to expand some of these claims. For instance, anyone who has a disability may be able to get either chronic pain or depression as secondary. That can add up!

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


  • Tell a friend

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

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use