Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more


Not Thrilled W/ The Lack Of Faith From My Lawyer

Recommended Posts

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"?

Share this post

Link to post
Share on other sites


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?


Share this post

Link to post
Share on other sites

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.?

Share this post

Link to post
Share on other sites

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

Share this post

Link to post
Share on other sites

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?

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • How to download the podcasts to listen later
      How to download the podcasts to listen later
      • 0 replies
    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply

Important Information

{terms] and Guidelines