Those That Asked A Lawyer To Represent Them, How Long Did It Take For Them To Agree To Represent You?

[retiredat44]

Those that asked a lawyer to represent them, how Long did it take for them to agree to represent you?

First of all most people know my story. I wil try to make this short and simple, if possible.

I am rated at 50% from 1997.

I am sick and am trying ot get the full 100%.

I had a VSO for about 3 years, but decided to get a lawyer. (please no discussion on why.. that is in other threads..).

I Contacted a well know Disabled Veteran Lawyer Firm, and the first step is that they get approval, from the Vet to get a copy of your Claims file, to see if they want to represent you, for your case. They then will exam your case to see at what stage your appeal is in. ANd, or course, see if it is winable, and they can make money.

Back to my question, which is:

How long does it take for them to order copies of your C-File, and determine if they are willing ot represent your VA Disability Claim.

(I know thy can go look at the file, before ordering copies, just to get a quick look before they order copies).

I just wanted to know if anyone knows about how long it takes for them to say yes/no.... after they look at your file and determine to represent you.

Note: I did not ask them that question. I suspect it might depend on how complicated your case is to determine if they will. I have thoughts about it, but so far I have only had a VSO a couple times in 10 years. I have never hired a lawyer for my Vet claims yet. This will be my first time to get a lawyer.

I won SSDI with no lawyer, and also won one issue out of three disabled veteran issues without a real lawyer, during the last 18 years. (I currently am meeting deadlines for appeal isssues while these changes are in process). That is why I ask this question. I just wanted to know if anyone that has used a lawyer has an answer to my one question. If you have not used a lawyer for getting Veterans Disability than you will not know the answer.

BTW, only one week has passed since my intial contact and approval for the lawyer for access to my files. I know that parts of the process can take very long periods of time,,, I am just wondering about other Vet's experience with this issue.

Thank you.

Edited June 28, 2012 by retiredat44

[Berta]

“note: the lawyer I spoke to asked if I had some type of doctors note saying I can't work. (I said no doctor ever gave me a nopte saying that, they just know I am to sick to care for myself or work. Whenever they released me to go home it was int he care of my wife.”

Steve, this info is something the lawyer should know:

“I have had permanent disability on SSDI for depression since 1995. “

SSDI is,in essence, an independent medical opinion that you cannot work due to depression.

If you also claimed depression as SC, the lawyer could possibly see potential here for 100% for service connected depression.

The date coincides with this:

I” then had to leave kaiser after several surgeries, including degenerative disc disease, and intestinal disease surgeries at Kaiser from 1988 - 1995.”

He might want to review the whole SSA file , I don't know, and seek an inservice nexus for the depression or certainly a cause for it due to another SC able reason such as the Migraines.

I would think anyone with the high SC rating for migraines that you have now, would certainly be depressed from that disability as well as due to anything else.

The lawyer might well see that the depression is secondary to the SC migraines or due to Kaiser disabilities unless the SSDI award involved an entirely different none service connectable cause for the depression.

Please don't misunderstand the point of some of my past comments to you Steve.

I know I can be a Pain in the butt sometimes.

Because I truly want you to obtain the rightful VA benefits you deserve!

I feel that a good lawyer can definitely change things around for you and I am optimistic about that.The lawyer should know about the SSDI award. It says you are unemployable.

He needs that information.

[carlie]

a couple of items.. re: my claim and appeal:

I only pasted in a couple pages in this forum, the main few pages out of my IMO, when I did, it is thousands and thousands of pages, and I could not scan and paste them all way back then , when I did, just the part that said, the IMO was in my favor, I posted..

retired - there would be no need or reason to even try to scan in and post the,

"thousands and thousands of pages"of your IMO. The majority of it will not relate directly to

you, the claimant.

It will also contain tons of information on chemicals, theories, speculation of possible medical

problems that could, under certain circumstances be related.

The VA has considered this IMO in prior some decision/s.

My surgery at the VA was to remove a 5 inch cyst on my pancreas, which in turn I ended up with necrotizing pancreas disease.. Splenic Vein thrombosis, (I also had Portal Vein thrombosis).

(I also had some lung procedures to remove water from my lung cavities..)...

retired - Claimants seeking compensation for residuals / additional medical disabilities as a result of medical care,

treatment,surgery/s that are provided at a VAMC submit either or both, a claim to VBA under 38 CFR 1151

and / or file a FTC at their Federal Court House, which must be done within two years of knowing of they have

additional residuals / medical disabilities as a result the care at the VAMC.

I do not know the date of your IMO - but it clearly states the authors opinion is that the necrotizing pancreatitis

is the result of surgery done at the VAMC.

IMO - the submission of a claim under 1151 and/or the FTC would need to be done (and won) for you

to receive any form of compensation for the necrotizing pancreatitis.

In regards to the,

"Splenic Vein thrombosis, (I also had Portal Vein thrombosis).

(I also had some lung procedures to remove water from my lung cavities..)"

Are each separate issues and if they are also the result of the VAMC - compensation for these would go

thru the same process as above.

back in 1993, Kaiser removed my gallbladder because of pain from intestinal disease.., but that didn't help.. I was still sick...

I then had to leave kaiser after several surgeries, including degenerative disc disease, and intestinal disease surgeries at Kaiser from 1988 - 1995.

retired - Unless the issues for the gallbladder, pain from intestinal disease, degenerative disc disease etc...

done at Kaiser would be inclusive within a claim under 1151, then I do not see how compensation for these

issues would be under consideration by the VA, for service connection.

.

I have been a VA patient under their care from 1997 until present.

I am under their care for neurology ( neurlogical diseases), Eye diseases, Intestinal disease, Degerenative disc disease, and under phsyciatric care for depression.

retired - veterans that are SC'd at 50 percent or higher are eligible to receive all medical care at a VAMC,

to include care for issues that are not SC'd.

If you are seeking SC for "neurology ( neurlogical diseases), Eye diseases, Intestinal disease, Degerenative disc disease,

and under phsyciatric care for depression" doctor's must provide a clear diagnosis of the conditions, provide

medical opinions, supported with full medical rationale, stating these issues are either directly related to active duty

or are secondary conditions that are related to a service connecte disability.

I have had permant disability on SSDI for depression since 1995.

I have not worked since 1995.

note: the IMO is in my claim and the lawyer will see my C-File....

The VA Hospital has all my medical records from all hsopitals... the VA has had my records since 1997.

note: the lawyer I spoke to asked if I had some type of doctors note saying I can't work. (I said no doctor ever gave me a nopte saying that, they just know I am to sick to care for myself or work. Whenever they released me to go home it was int he care of my wife.

Am I going to have to go to my primary care (or my Gastro doctor, or my head shrink, or my neuro doctor???..etc..etc...) and get some note for my lawyer? I guess my lawyer will tell me..

retired - When SSA benefits are found to be fully favorable - SSA has factored in ALL medical conditions,

irregardless of whether the condition relates to active duty or not.

VA only considers SC'd conditions.

If the lawyer does become my lawyer..

I am awaiting word from the lawyer who is looking at my C-File..

retired - Has this lawyer gotten a copy of your C-File yet?

===========

[RonP]

In the US yes VAMC treat is available to all Veterans

Not in the Philippines

[carlie]

In the US yes VAMC treat is available to all Veterans

Not in the Philippines

Thanks - for a second there - you had me thinking the topic was about the FMP :-(

[retiredat44]

first hospitalization for intestinal disease was on active duty at an airforce base when I was on active duty in about 1978-1979

[retiredat44]

It has been about 3 weeks since the new lawyers recieved my authorization to get copies of my C-File (in appeal at Regional VA), I have not heard yet a reply that they will take my case, so I can fire my VSO... I suppose they need about a month to read my C-file to decide to take a case or not...

thoughts anyone?

Is it about a month, more less? My case is pretty big, lots of papers..

thanx..