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

[71M10]

Retiredat44,

Let me see if I understand this, you have two different law offices trying to get copies of your C-file to see if they want the case and you are initiating new paper for an 1151 claim with a VSO. All at the same time?

You are inviting way to many cooks in the kitchen! You have some communication characteristics that make it hard to understand what you are saying at times. You also seem to get hung up on certain things that you feel prove you were wronged. The VA doesn't care if they wronged you, they will only do what they have to according to regulation and then only when they are forced by clear convincing argument, backed up by evidence. My sense is your communications with them are all over the map and they love that. You really do need to find a lawyer that is certified for veterans law that you are comfortable with. You need to in the simplist of terms provide them a timeline of what has happened. You need to buy in fully to them representing you and allow them to take charge of the situation. A law firm may very well be unsettled about representing you if they know you are asking other lawyers at the same time.

I know time is very precious for you and you feel like you are running out of it. You need to slow down, focus your message, Get one good representative and go all in with them!

My intention is not to be hurtful in this message, I am only trying to help.

Best regards,

[Berta]

Good you filed the 1151 claim and I hope the template for these claims here at hadit helped you.

I wrote a Section 1151 claim for you myself based on the info you had posted here in the past but my neighbor was using my hadit many times today as he is trying to understand CRDP and CRSC so I couldn't post it sooner.

In any event , here it is

Might help someone else too out there-

To VARO etc C file # etc

This is a claim filed under auspices of Section 1151,38 USC.

I believe my VA medical records will reveal that I did not receive a standard of VA medical care comparable with that of the standard medical community, regarding the fact that I have necrotizing pancreatitis, and it;'s severe residuals, as the result of a Endoscopic retrograde cholangiopancreatography performed by the VA on (date of this procedure)

As a result of the VA's medical errors during that procedure , I have incurred not only this potentially fatal additional disability and it's totally disabling affects but I also suffer from anxiety and depression ,knowing the negligent ERCP procedure has caused me to have a potentially fatal, severely debilitating, and medically irreversible

documented additional permanent and total disability.

I have enclosed the following documents to support this claim:

1. 
   Statement of the Case dated
   ( I dont know the SOC date but you had posted this excerpt here from the SOC) maybe September 2010?
   

stating:

"The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.”

2. Article referencing “Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]

Source: http://americanmedicalexperts.com/Medical-Malpractice-Tips/Pancreatitis-associated-with-ERCP-medical-malpractice-case.html

I remind VA what iatrogenic means.-

the term “Iatrogenic”means caused by a doctor or medical procedure.

(I would print the entire article in the link off and enclose it.)

My VA medical records will fully support this claim filed under Section 1151,38 USC.

Respectfully,

(Sign, Copy, and mail; with proof of mailing)

[deanbrt]

I have written this before but am doing so again. I will keep this general. Going with a large firm is a huge mistake. intuition should tell you that you will be a speck of sand on the beach. And whatever can be done to maximize profit and minimize cost will be done. I learned all this the hard way and finally won on my own. No, that is not right. I owe Hoppy....

Think about someone like Amy Kretkowski

http://hoeferlaw.com/

Not pointing you toward her. Just using her as .an example of what you should look for. Do not make my mistake...

[carlie]

sorry,, it' done, at least I ran it through my vso, and got her opinion before I turned it in...

I told them exactly all of the health issues from my time in service, the treatments, and the treatments and surgeries up until now...

I listed the surgeries that went from years of complaints of pain to having diseases, some that are often fatal with no cure...

from asking for help, and years passing while cysts grew up to 5 inches, while the VA stood by and refused to investigate with the proper tools, only to find out that I wasn't making up stories, I actually had things growing inside me.. failed surgeries.... and new diseases with failed surgeries...

I reminded them about my command going against doctors orders and forcing me to work with chemicals, and ignoring the evidence again and again..

my VSO also helped write some new support documents asking why they contune to ignore evidence that has been presented... she asked who wrote my first claim, and I told her, my first vso didn't list all the evidence, and every time I write a claim paper I ask why my evidence as presented at the hearing is not listed in the decisions and ignored, again, and again..... she looked and finally figured out the evidence was ignored.. it took her long enough..

my vso liked my IMO, all, except the last bit on the summary page, she was unhappy with the toxicolgist, and the way the IMO was worded... I am unable to do a damned thing about my IMO.... if I had money I would go get more..

One of my big problems is I try to explain my jobs I held and explain all the chemicals, and people just don't get it.... the decisions only list Jet Fuel.. they ignore and never show the leaded gasoline, diesel fuel, and trichloroethylene ,, everyone thinks the last chmical was part of the list of fuels, it is not, it is a cleaning solvent.. the VSO is totally confused and doesn't understand these are all carcinigens..

I just happen to be one of those people who when they come in contact with any of these my body swells up and turns red..

my vso told me she has one other case where some GI has a claim with Jet Fuel.. but she didn't say much excpet it is on appeal too,, the big difference is,, my daily contact was with 4 chemicals.. often all in the same day... where as when most people get sick and claim jet fuel got them sick, that was the only chemical and they were exposed from the engines on aircraft,, my exposure was from transfer, and pumping it through hand help pumps, while splashing on me and soaking me.. other wise, these people I have helping me have no clue,,, and the VA claims people are being totally dishonest and not reading the eidence, my VSO finally cuaght on and sees it being ignored,, which got her writing some new evidence papers asking the claims people to explain why they ignred most of the evidence... after several years of me complaining they ignored evidence the vso finally understood... why it tioook so frakkin long I have no clue I bitterly complained about the evidence not listed int he decisions...

I wish someone would bust that office wide open for being liars and crooks while ignoring evidence that was given under oath...

Anyone out there that actually cares about sick GI's and crooks at the VA ???

At this point, everything above that I highlighted in red, has nothing to do with the 1151 claim.

[retiredat44]

the 1151 was for the surgery and pancreas disease,, I didn't have necrotizing pancreatitis until after the pancreas surgery..

up until that time I only had a cyst (5 inches). Immediately I developed too many complications of pancreas disease to list..

I was told I should file 1151 for it, and I did..

oh well,, the vso said it was ok, then I turned it in...

I am so tired, so sick,,, I am going to rest,,,

Thanx for the help,,, I appreciate it,, if something is wrong oh well,, I just have to wait until I get a lawyer,, and if the lawyers take months to look at files to give a yes or no,, I guess I am just going to be waiting a long time anyways..

I am just going to disappear... this is all to depressing and everything I try to fix or get done is either wrong, or something... or the scum at the va doesn't read it.. just problems and more problems..

[carlie]

retired,

Berta posted a great example 1151 for you.

I continue to point out to you that for an 1151 -

all the medical stuff in your SMR is not relevant and just muddies

up the 1151 claim.

The VA surgery gave you additional disability of XYZ

and under 1151 can be compensated AS IF service connected.

The active duty medical info and the higher ups that kept you working

with chemicals is NOT RELEVANT to your 1151 claim.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=788a44ba30c5936d65b0080c3d66862c&rgn=div8&view=text&node=38:1.0.1.1.4.2.67.155&idno=38

§ 3.361 Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program.

(a) Claims subject to this section —(1) General . Except as provided in paragraph (2), this section applies to claims received by VA on or after October 1, 1997. This includes original claims and claims to reopen or otherwise readjudicate a previous claim for benefits under 38 U.S.C. 1151 or its predecessors. The effective date of benefits is subject to the provisions of §3.400(i). For claims received by VA before October 1, 1997, see §3.358.

(2) Compensated Work Therapy . With respect to claims alleging disability or death due to compensated work therapy, this section applies to claims that were pending before VA on November 1, 2000, or that were received by VA after that date. The effective date of benefits is subject to the provisions of §§3.114(a) and 3.400(i), and shall not be earlier than November 1, 2000.

(b) Determining whether a veteran has an additional disability. To determine whether a veteran has an additional disability, VA compares the veteran's condition immediately before the beginning of the hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy (CWT) program upon which the claim is based to the veteran's condition after such care, treatment, examination, services, or program has stopped. VA considers each involved body part or system separately.

© Establishing the cause of additional disability or death. Claims based on additional disability or death due to hospital care, medical or surgical treatment, or examination must meet the causation requirements of this paragraph and paragraph (d)(1) or (d)(2) of this section. Claims based on additional disability or death due to training and rehabilitation services or compensated work therapy program must meet the causation requirements of paragraph (d)(3) of this section.

(1) Actual causation required. To establish causation, the evidence must show that the hospital care, medical or surgical treatment, or examination resulted in the veteran's additional disability or death. Merely showing that a veteran received care, treatment, or examination and that the veteran has an additional disability or died does not establish cause.

(2) Continuance or natural progress of a disease or injury. Hospital care, medical or surgical treatment, or examination cannot cause the continuance or natural progress of a disease or injury for which the care, treatment, or examination was furnished unless VA's failure to timely diagnose and properly treat the disease or injury proximately caused the continuance or natural progress. The provision of training and rehabilitation services or CWT program cannot cause the continuance or natural progress of a disease or injury for which the services were provided.

(3) Veteran's failure to follow medical instructions. Additional disability or death caused by a veteran's failure to follow properly given medical instructions is not caused by hospital care, medical or surgical treatment, or examination.

(d) Establishing the proximate cause of additional disability or death. The proximate cause of disability or death is the action or event that directly caused the disability or death, as distinguished from a remote contributing cause.

(1) Care, treatment, or examination. To establish that carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing hospital care, medical or surgical treatment, or examination proximately caused a veteran's additional disability or death, it must be shown that the hospital care, medical or surgical treatment, or examination caused the veteran's additional disability or death (as explained in paragraph © of this section); and

(i) VA failed to exercise the degree of care that would be expected of a reasonable health care provider; or

(ii) VA furnished the hospital care, medical or surgical treatment, or examination without the veteran's or, in appropriate cases, the veteran's representative's informed consent. To determine whether there was informed consent, VA will consider whether the health care providers substantially complied with the requirements of §17.32 of this chapter. Minor deviations from the requirements of §17.32 of this chapter that are immaterial under the circumstances of a case will not defeat a finding of informed consent. Consent may be express ( i.e. , given orally or in writing) or implied under the circumstances specified in §17.32(b) of this chapter, as in emergency situations.

(2) Events not reasonably foreseeable. Whether the proximate cause of a veteran's additional disability or death was an event not reasonably foreseeable is in each claim to be determined based on what a reasonable health care provider would have foreseen. The event need not be completely unforeseeable or unimaginable but must be one that a reasonable health care provider would not have considered to be an ordinary risk of the treatment provided. In determining whether an event was reasonably foreseeable, VA will consider whether the risk of that event was the type of risk that a reasonable health care provider would have disclosed in connection with the informed consent procedures of §17.32 of this chapter.