Lawyers Advise

[tmoe]

Hello everyone,has anyone ever use the Hill & Ponton law firm out of Flordia ? What is the normal fee to hire a lawyer 20% 30%?

Thanks everyone .

[broncovet]

Good job Berta. It sounds like your answer was better than mine. I dont have the new VBM..only last years. The fast letter did not mention monies advanced by the law firm for IMO's. I have also heard that some well capitilized law firms will advance fees for IMO's. One well known physician who specializes in Veterans IMO's told me that I could pay him when I got the money from VA. We need to keep this in perspective. A well written IMO by an experienced physician is such strong evidence that this doc is willing to wait on his money, and some attorneys will even advance money for them.

The bottom line: A good IMO with even a reasonably skilled attorney will get you your benefits...eventually, usually on appeal.

[Berta]

Just to add here.

I helped a local vet who had been to the CAVC twice and obviously had 2 or 3 BVA denials.

When I got him his 12 years of retro-his former lawyers tried to bill him for both of his CAVC cases.

Since he had a fee agreement with them on the last case, they wanted 20 % from his entire retro.

I did the work that got him his award and even spent about 50-100 bucks myself for him to get some evidence.Maybe more.

I was livid when I read his BVA cases and his med recs.

His claim had been denied due to a lack of inservice nexus.

But there was a key word in his last BVA denial- and after a few days (maybe weeks) of extensive medical research, I found that word could be used for the nexus factor. The VA agreed in the award (he was on remand again as I recall) and his award came from the same RO I deal with.

The VA withheld 8 thousand dollars from his retro in order to pay the law firm.

They also sent him appeal rights.

I prepared the appeal as there are 5 conditions that MUST be met for legal fees being charged to a vet's retro.

The law firm didn't meet any of these conditions.The vet of course had to sign the NOD/appeal I prepared but I also gave him a supporting statement as to what the lawyers never did,should have done, and what I did to garner his award.

I don't think their representation to him was even close to warranting their hourly rate.

This veteran became very ill and I have no idea how that appeal went.

Also he was lowballed but didnt seem interested at all in appealing his award.

He was so happy at the time to get his SC award after 12 years -I even wonder if he even sent them the signed NOD I prepared for him to challenge these ridiculous legal fees he was billed and that VA was withholding.

I think 90% of Vet lawyers are legit.

That leaves a potential 10% who aren't.

If you feel that any legal fees your claim incurs are wrong when the claim is awarded- by all means focus on the 5 conditions in the appeal rights letter the VA will send to you and NOD the fee if you believe the lawyer did not meet these 5 conditions.

Edited November 12, 2011 by Berta

[Chuck75]

The whole thing boils down to 80% of something is better than100% of nothing. In my own and other past cases I've looked at, the VA has denied many times for very dubious reasons.

One claim I'm familiar with was a denial based upon the VA's opinion that an IMO from a doctor, qualified and expert in the appropriate field, was speculation.

In fact, the doctors opinion is written in the form acceptable to the CVAC, and the doctor has testified before the CVAC as an "expert witness".

The VA RO that generated the "speculation" reason for denial was not qualified by formal medical training to make such a statement.

Eventually, if needed, there are several independent details of the claim that seem to each be cause for a CUE.

Law provisions pertaining to "combat veterans" were not followed.

The VA did not provide a C&P for the condition, and did not deny based upon lack of evidence showing that the condition existed.

Service medical records showing a complaint about pain associated with the condition were ignored.

(The VA claimed no nexus)

And so on. The only stumbling block that I can see is that the condition only requires treatment with anti-inflammatory and pain killers on an occasional basis, so continuing treatment records are few and far between.

The condition does limit employment capability.

Just to add here.

I helped a local vet who had been to the CAVC twice and obviously had 2 or 3 BVA denials.

When I got him his 12 years of retro-his former lawyers tried to bill him for both of his CAVC cases.

Since he had a fee agreement with them on the last case, they wanted 20 % from his entire retro.

I did the work that got him his award and even spent about 50-100 bucks myself for him to get some evidence.Maybe more.

I was livid when I read his BVA cases and his med recs.

His claim had been denied due to a lack of inservice nexus.

But there was a key word in his last BVA denial- and after a few days (maybe weeks) of extensive medical research, I found that word could be used for the nexus factor. The VA agreed in the award (he was on remand again as I recall) and his award came from the same RO I deal with.

The VA withheld 8 thousand dollars from his retro in order to pay the law firm.

They also sent him appeal rights.

I prepared the appeal as there are 5 conditions that MUST be met for legal fees being charged to a vet's retro.

The law firm didn't meet any of these conditions.The vet of course had to sign the NOD/appeal I prepared but I also gave him a supporting statement as to what the lawyers never did,should have done, and what I did to garner his award.

I don't think their representation to him was even close to warranting their hourly rate.

This veteran became very ill and I have no idea how that appeal went.

Also he was lowballed but didnt seem interested at all in appealing his award.

He was so happy at the time to get his SC award after 12 years -I even wonder if he even sent them the signed NOD I prepared for him to challenge these ridiculous legal fees he was billed and that VA was withholding.

I think 90% of Vet lawyers are legit.

That leaves a potential 10% who aren't.

If you feel that any legal fees your claim incurs are wrong when the claim is awarded- by all means focus on the 5 conditions in the appeal rights letter the VA will send to you and NOD the fee if you believe the lawyer did not meet these 5 conditions.

[deanbrt]

I never heard about the $6,000 maximum. For sure?

I believe the law mandates a 20 % maximum limit up to a maximum of $6,000.

[tmoe]

Thanks everyone for the advise i don't have a problem with givng the lawyers the 20--30% because the evidence is there but VA don't think they have

to include it in the decisions. I just tired been doing my claim my self about 8 years went from 0-100% in last year & a half same evidence they had in

2003 that got the award of TDIU in 2010. I ask for an eed VA says i have to file cue for them to go back to 2003 but these claims are still open and on appeals

and this is above my level of knowledge for cue claims so i needed some help. The fee agreement and the answer i got come from 3-4 NOVA law firms & they all

cant be lieing and if so then i can always kill the contract or appeal their fees but dont think it will be a problem. You guys & ladies give some good advise & i

appreciate this I have done enough & will let the pros have it and I know its some on this board that could do the same thing or more as a lawyer advise but

you have already done enough just by reading some of the posts has help me get the 100% rating

Thanks