Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

At What Point Should You Obtain A Lawyer


Ryguy
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I'm in the middle of my appeal for my upper back and neck chronic issues. I was previously denied these issues back in 2007 from Atlanta VA. I've moved now and the DRO is reviewing my claim in the city in which I now live. The VFW Rep. did tell me my case would be decided by February 27, 2010.

My doctor from the VA in Atlanta wrote in his notes that i had chronic upper back and neck ridoculpathy which was service related and he recommended my past employer take note of this when giving me work assignments.

My current doctor wrote in his notes that all my neck and upper back problems are subsequent of the accident I was involved in and that it is more likely than not related to the accident. He also wrote in his notes that he recommends me to appeal the VA's denial decision.

So my question is, if i'm denied again with the traditional dro review, Should i jump the gun and get an attorney, I saw so many positive results with attornies on this website.

*I am also getting a buddy statement from someone i recently found on facebook who remembers my neck and upper back conditions.

*Do you Hadit Pro's think I still need an IMO for this type of case

Thank you guys for all you do

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • Moderator

On Lawyers: IMHO you should get a lawyer only AFTER you have been denied at the BVA level UNLESS you wind up on a VARO-BVA remand VARO yo-yo, or if your claim is "stuck" at AMC..then you could consider having a lawyer write you a Writ of Mandamus. Writs can also be written by the Veteran, but I wrote one and they are a lot of work! A Writ is the equivilant of writing a term paper for college such as one needed for your Bachelors or even Masters Thesis. If you dont have some computer/research skills or have a very good friend who does, then you probably need an attorney to write them.

IMHO hiring a lawyer at the RO or DRO levels is a waste of money. Even at the BVA level it is usually not necessary IMHO.

But dont go to the CAVC alone...get a lawyer at the CAVC..JMHO. As mentioned an exception is a Writ of Mandamus filed at CAVC provided you have access to good research skills. Several people on this board have filed Writs pro se.

ON value of IME's/IMO's: If your doc wont give you a nexus statement, and you have fired him and the second VA doc also refuses, time to look for an IMO/IME. But I would ask at least TWO VA docs to provide the nexus statement first. I did not need an IMO/IME because I found a "Vetran friendly" doc at my local VA...basically I asked "old Vets" at the hospital, and figured it out from talking to Vets. IMO's/IME's can cost what a used car costs, but several people on here say they are worth it. The trouble with buying IMO/IME's is that when you need them, you usually dont have the money.

Edited by broncovet
Link to comment
Share on other sites

Ohhh wow. Thanks for the information, I just saw someone's results from an attorney and thought it would be a easier route. But I understand fully now. So do you think wtih the statements that my doctors wrote that will be enough or is an IMO definitely necessary?? I just was trying to avoid bothering a doctor for a IMO. I guess if I was justice its something i may have to consider

Link to comment
Share on other sites

  • HadIt.com Elder

I think if you have a claim where you feel you are over your head it might be a good idea to get a lawyer after you get denied and file your NOD. Some of the chemical poisoning claims and CUE claims are examples of claims where a lawyer might help if you get into legal questions and not just evidence.

Link to comment
Share on other sites

"More likely than not" is better than "at least as likely than not", which is supposed to give a 50/50 probability. If you have a doctor's statement with that, it is great.

Personally, I had a NOVA lawyer assist me with my NOD, and ended up being awarded 100% SC P&T. He didn't even charge me, as I had all the evidence gathered for the NOD, and said he would have charged me if we had to go to hearing; which he was willing to represent my case for me.

Just my two cents worth...

Link to comment
Share on other sites

Wow, Thanks Guys. Bonzai, may I ask where did you find your lawyer at? I'm just trying to get all my ducks in a row, just in case the Review Officer comes back with a denial decision. I have faith that its going to work out in my favor, but i've been dealing with this claim since 2007, and the proof is everywhere, Im submitting a buddy statement and I think that should suffice evidence.

Link to comment
Share on other sites

My lawyer was a local lawyer in Jackson, TN that my wife's Social Security lawyer recommended. He told us the lawyer was a member of NOVA (National Organization of Veterans Advocates), so I went to him.

The funny thing is, my lawyer is no longer handling new veterans cases, but the Social Security lawyer has now become a NOVA lawyer; so all new referrals go to him. It seems that my lawyer has decided to stick with just Social Security. Very sad, because when I went to see him, he wrote up my NOD in about 15 minutes. He even got my entire C-file sent to his office, where his secretary copies it all to a CD, and then gave me the C-file and electronic copy.

Mind you, I am not saying that all NOVA lawyers would do what mine did for free, but I shall be eternally grateful to the lawyer who helped me; because I was at a loss - had all my evidence, but no idea of how to proceed. I wasn't a member of HadIt then...

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>