Va Lawyer Before The Bva

[Stretch]

This is from Schrade, Jeff (Veterans Affairs) <Jeff_Schrade@vetaff.senate.gov>

http://veterans.senate.gov/index.cfm?FuseA...ases&id=739

Edited August 4, 2006 by Stretch

[Berta]

If this bill passes in the house-

there are still things to consider-

Would these lawyers work on contingency?

Or would they need $$$$ up front?

Will they get up to 38 CFR knowledge enough to help each individual claimant because each claim is usually unique?

If the vets claim is in the wrong stack (I call it the untouchables) or with RO employees who will simply continuously deny without reading the evidence- sure the lawyer can argue that point to ROs with 38 CFRS regs but lawyers dont have any magic wands that makes them special before the VA-

Then again- if claimants with lawyers get attention on their claims that claimants without lawyers dont get-

that is sure not fair either-

A GOOD thing however is that- this could eventually wipe out the need for some of these vet reps and SOs who dont have a clue-

If I could go down to my lawyer in Steuben County today and get him to handle my claim for a fee- and then go over and rescind my POA at the state office at the VAMC -I would do it-in a heartbeat- but no I really wouldn't-I just remembered-

my lawyer-Nam vet with PH, asked me for help with his VA SC claim-

There is a lot to consider on all this but I do think it is a step in a direction to help vets-

If a lawyer needed a lot of cash up front (they probably wont) a vet might be much better off investing in a good IMO instead-

because at some point they will have to read an IMO-

if it is better than any VA quack opinion- the scales are balanced in the vets favor.

I think attorneys getting into the system-if this bill is passed in the house-will be ASTONISHED to find out that the VA is its own Judge, prosecutor, and jury-

We have no civil discovery rights and no assurance that our evidence (the most critical part of our claims) will be read properly-and of course it can mysteriously "disappear" when they make a decision.

In Relative equipoise- (Reasonable Doubt regs) it all sounds good in 38 CFR but the VA owns the scale and kicks the statue of blind justice in the knee to make the evidence weigh in their favor-

So right from the git go a lawyer will find that Justice -with the VA- is not only blind but disabled.

I really think this would be Great! I Love Lawyers and have known many that are excellent-They all can READ real good!

BUT it is ultimately the VA itself -that has to change its ways.

The Senate and House should be getting them to do THAT first-and then start thinking about better ways to help claimants have more legal rights.

My opinion only------Berta

So

[john999]

I figure if the republicans come up with the idea then there has to be a catch. Somehow vets will get a screw job and it will be harder to get benefits. I just heard on the news last night about a severely brain injured vet whose family were so disgusted with his poor treatemtn at a VAMC that they put him in a private hospital where he could get therapy he needs. This just makes me sick. Every young or older soldier should be aware of what kind of treatment they are going to get if injured and what they are up against with the VA compensation system. The military reqruits at high schools but no one is there to rebut all that the lies and rosey secenarios they present.

[Berta]

John- I said to my kid years back- if they tacked some BVA decisions onto the walls of recruiter stations, they might not get many volunteers-

yet my kid- knowing what her step dad and I went through for many years with VA - she still joined and served for 7 years anyhow-(I am always so proud of her)

I do agree with what you are saying ---it is all a disgrace-

But our young people still love the US of A inspite of the VA-and volunteer to serve-

many of these men and women serving today are -like my daughter- are the children of disabled combat veterans-and they know what they might have in store for them with the VA-

It is really up to veterans to help other vets with their claims-and maybe -someday-the VA will begin to

honor their own mission statement and do the job right.

[Magoo_Mr.]

.

Berta & John:

Where is the ... HOOK ... in this ???????

Unless ... they are desperate for fresh troops and then ... I am still not too sure about this ????

.... I just do NOT trust them ... it's ALL about money in DC.

And the ... Gov't Visa Card ... is already over limit.

... Magoo .. aka .. Bill ... B)

.

[Alex]

.

With the new legislation I suspect that the VA will have to rethink its position against contingency fees.

And lawyers will have to pass 38 CFR competency tests/.

[john999]

It seems to me that this could create an even bigger backlog if vets have to wait for lawyers to get certified in VA law. I wonder if it would be like SSA where the lawyers do appeals and take a share of the backpay. I don't trust these guys either and figure they must be thinking of some way to pay out less money to vets. I am all for having lawyers handle vets claims from day one but how long will everybody have to wait to get paid? Not many want to wait 2 years to get a paycheck.