grent Posted September 13, 2012 Share Posted September 13, 2012 IM A VET WHO HAS BEEN WAITING TO GO TO BVA FOR 5 YEARS NOW. QUESTION WHAT HAPPENS IF MY LAWYER DROPS ME? DO I GET A LETTER AND MY FILE BACK CAN YOU RECOMMEND A GOOD LAWYER HOWS BERGMAN AND MOORE DO I GET MY FILE BACK HOW DOES THE LAWYER GET PAID AND IF I SETTLE BY MYSELF WITH THE VA OUTSIDE OF COURT DO I STILL HAVE TO PAY ME LAWYER I SIGNED FOR 20% OF ANY RETRO PAY PLUS ANY SMC RATINGS I GET VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO Link to comment Share on other sites More sharing options...
Founder Tbird Posted September 13, 2012 Author Founder Share Posted September 13, 2012 bergmann and moore offers FREE consultation of your case. (877) 838-2889. info@vetlawyers.com Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted September 13, 2012 HadIt.com Elder Share Posted September 13, 2012 (edited) "VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO" If you can somehow get that in writing it may be to your benefit, and may constitute CUE. You or your lawyer can, in writing, wave part of the process, and force the VARO to forward the appeal to the BVA. (Assuming that the claim is ready for the BVA, naturally) As far as I know, Dr. Bash's IMOs meet the requirements of the BVA. The VARO does not have the option (legally) to refuse to accept them as part of your record. They may attempt to discount the IMO by claiming that its supposition, conjuncture, etc. Dr. Bash is more qualified to opinion on certain types of cases than the usual VA C&P examiner. That's likely why the VARO is giving you flack. It sounds like you are not comfortable with the current lawyer. You do have the option of getting a different one. Your files etc. should be returned to you, or sent to the replacement lawyer. As to who pays - - you do, out of any retro. There also is another provision in the law that allows a lawyer to be paid (EJA or EAJA) How payment is made when more than one lawyer is involved is usually a matter for the court or an agreement between the lawyers. Settling "outside the court" with the VA without a lawyer's advice is usually not to your advantage. I believe the VA usually ends up paying part of the settlement to the lawyer of record. For instance, the lawyer handling my appeal(s) recently changed firms. The previous firm will get "a cut of the action" when existing appealed claims are approved, and retro is paid. It really irks me that a veteran ends up paying (indirectly), rather than the VA, who's mistakes forced the veteran to hire a lawyer. Edited September 13, 2012 by Chuck75 Link to comment Share on other sites More sharing options...
deanbrt Posted September 13, 2012 Share Posted September 13, 2012 If he dropped you, you should owe him nothing. He should send all documents back to you.I agree that they should have n legals basis to deny consideration of Dr. Bash's IMO. Why did he drop you? You do not have to answer that question. Link to comment Share on other sites More sharing options...
Founder Tbird Posted September 13, 2012 Author Founder Share Posted September 13, 2012 bergmann and moore offers FREE consultation of your case. (877) 838-2889. info@vetlawyers.com HadIt.com does not endorse any attorney including bergmann and moore, the information provided above was in response to the question about begmann and moore so the veteran could contact them directly. Some veterans say excellent things about them others not. Link to comment Share on other sites More sharing options...
grent Posted September 13, 2012 Share Posted September 13, 2012 just have a question what do i do if i get dropped by lawyer ?? do i have to pay a bill do i get my records back?? also i see on other web sites vets getting dropped by their lawyers i guess the lawyer gets paid out of some federal fund it appears to me the lawyers are opting out and filing to get the fee out of this vja fund rather than waiting 6 - 7 years to see if the vet wins any advixe on who to get for a lawyer in case i get dropped?? Bargmann anfd moore seem to mentioned a lot?? thx Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted September 13, 2012 HadIt.com Elder Share Posted September 13, 2012 If you believe you have a good claim get another lawyer. Why did your lawyer drop you? Link to comment Share on other sites More sharing options...
Question
grent
IM A VET WHO HAS BEEN WAITING TO GO TO BVA FOR 5 YEARS NOW.
QUESTION WHAT HAPPENS IF MY LAWYER DROPS ME? DO I GET A LETTER AND MY FILE BACK
CAN YOU RECOMMEND A GOOD LAWYER HOWS BERGMAN AND MOORE
DO I GET MY FILE BACK HOW DOES THE LAWYER GET PAID
AND IF I SETTLE BY MYSELF WITH THE VA OUTSIDE OF COURT DO I STILL HAVE TO PAY ME LAWYER
I SIGNED FOR 20% OF ANY RETRO PAY PLUS ANY SMC RATINGS I GET
VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO
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