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JuanP

Not Thrilled W/ The Lack Of Faith From My Lawyer

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Hello everyone, I am having big trouble with my lawyers lack of faith in the strength of my case. I get this email 10 days after my SOC with my BVA form 9 due w/ 50 days left: (background is I have been mental paralyzed for the last yr. and a half and unable to do anything due to stress, anxiety, and a host of other things. As well as my brain having turned to mush because of meds)

Perhaps if this is too difficult for you you should drop your
appeal and try and reopen it another time when you are feeling better.
Right now unless you get that doctor's statement and we produce some
evidence of your whiplash, your case is pretty weak and we will not be
successful. Thanks

And then there was this:

I asked her to make sure that the VA had an extra 2+ yrs of medical records that had a bunch of references to my issues, along with what I hope to use as secondary indicators. I specifically said "It is important to me that they have all of these records".

Her reply, is that "went through them and only a couple mentioned your issue, I did not send the other ones because they aren't important."

Well, in her eyes they are not important, but from my research they are critical to ongoing secondary issues that are related specifically to a key point that kicked everything off and they are critical in backing up my claim. It is a secondary symptom that isn't normally related to my issue but is listed as a symptom in several publications, including the Mayo Clinic.com

She has had all of my medical records in her possession since mid 2011. My question about that, is how is it even possible that the VA is still listing on their evidence these two years not there?

So I'm frustrated and am trying to figure out how to fire her, without her claiming 20% of my settlement.

Our contract says that I may fire her if:

Client may discharge the Attorney upon written notice to the Attorney and the attorney will promptly notify.... "In the event the attorney is discharged after substantially performing, attorney shall be entitled to payment as provided above"

My question is what is "Substantial"?

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Talk to your lawyer. Ask her if she believes in your case. Ask her is she intends to charge you if you get another lawyer. Be nice and just straight up with the lawyer. When you hire a lawyer you have to trust in their judgement. If not you need to get a new one you do trust. Did you supply the doctor's statement about your whiplash? I think "Substantial" is relative. Has this lawyer sent the VA documents for your or represented you in front of the VA, or done a brief for you?

John

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Your lawyer said:

"Right now unless you get that doctor's statement and we produce some

evidence of your whiplash, your case is pretty weak and we will not be

successful. Thanks
"

What in service documentation do you have of the incident or accident that caused the whiplash and what documentation do you have of any subsequent inservice treatment for it?

What medical opinion have you obtained that clearly establishes,with a full medical rationale, that the disabilities you seek SC comp for , are directly attributable to the "whiplash" incident.?

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She has not presented my case in any from that I know of. She has file this recent VA Form 9. My BVA deadline is in about 45 days.

Like I said, all she has done is tried to get some chiropractor records, as well as an NCIS record, which I had to end up doing. The chiro records were destroyed. I have 14 months of 11 trips to medical for back, neck and hernia issues.

I am not happy that she is not looking at it as a whole chain of events. She refuses to see that. She see's "4 days of neck pain", and one episode of lower back pain. Well, the lower back pain lasted 2+ months, the dr explained the neck pain as "slept on it wrong".

Edited by JuanP

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What kind of accident did you have and was it in-service? Were you treated for it in-service? Are you still suffering from it and being treated for the whiplash? These are important questions. Did the doctors identify a permanent injury to your neck? Did the accident cause the neck,back and hernia issues or aggravate them?

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