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Lawyer For Dro Review

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abean

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abean

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My husband has a claim in for schizophrenia. We have PLENTY of medical records to document, our fight has been w/ service connection. We have a DAV guy, but I'm not impressed w/ him cause he hasn't even looked at claim. The DRO appeal has been pending for over a year now (Nashville) He was issued SSDI several years ago for same dx with no fight. I went ahead and filed a TDIU claim just to cover my bases...

I've been working/researching this claim myself since DAV is worthless. I try my best to keep hubby as stress free as possible. I have a full-time job and 3 teenagers, so needless to say, I've not been able to dedicate a lot of time to the appeal as I would like to cause his c-file is HUGE!

I'm seriously thinking of handing it over to a lawyer. It's getting a bit stressful for me. Good idea, or no?

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john999 Grand Master

john999

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How much retro is involved? You might just wait for the DRO hearing and see what that brings before you hire a lawyer. The lawyer will get 20% of your husband's retro. However, if you just feel this is all too much for you then hire the lawyer. I hired a lawyer for one of my claims because I felt it was over my head and it was and is over my head. 80% of something is better than 100% of nothing. All the DAV guy does at the DRO is just to present the evidence. You could do that as could a lawyer. Are you gettting a Review or a Hearing? I guess I vote that you get the lawyer and give him your husband's POA. You have too much on your hands.

John

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abean Contributor

abean

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It will only be 2 years retro since the first claim fell by the wayside in 2006 that was filed while he was in VA hospital, I'm guessing by the DAV because neither of us remember it. It is waiting on DRO review

Going thru his file is stressful because it reminds me of how volatile and unstable he was before he was forced into hospital. Thankfully, he is stable thru medications, and has finally accepted his dx (that took a long time)

I just want this done as quickly and painlessly as possible. I know thru VA that is a pipe dream. I foolishly thought that since he only had one claim, and was awarded ssdi easily, that proving sc would not be that hard.

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  • HadIt.com Elder
john999 Grand Master

john999

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  • HadIt.com Elder
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What kind of discharge did he get? Was he treated for schizophrenia while in service? Did he file a claim within one year of dischage? Was he treated for any mental heath problems in service?

When I look through my file 40 years later it is stressful for me and always gets me angry and depressed and I have been TDIU for ten years. The VA puts you through a meat grinder.

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  • In Memoriam
Stretch Grand Master

Stretch

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I don't believe that you can have a lawyer until you appeal a formal decision. I worked very hard to help get legislation for Veterans Lawyers, but the rules were kind of confusing.

At two years you could still be in the beginning stages and not at the appeals level.

Somebody correct me if I am wrong

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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john999 Grand Master

john999

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Once you file a NOD you can be represented by a lawyer. When did you file this claim? I say get a lawyer if you just feel that you can't handle a claim. There is not all that much they can do until you get to the part where they really have to argue the law. If you are lost you have to start somewhere. If you lose at the DRO you want your claim to be pretty tight before you go to the BVA and beyond.

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carlie Grand Master

carlie

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What kind of discharge did he get? Was he treated for schizophrenia while in service? Did he file a claim within one year of dischage? Was he treated for any mental heath problems in service?

Ditto on John - some of my same initial questions.

Also, important to keep in mind that if SC hasn't been granted and even after it is,

SSA and VBA do not necessarily have to go hand in hand with decisions, it's comparing

apples and oranges.

Carlie passed away in November 2015 she is missed.

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