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[Update] Va Nod Letter

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11cvolley

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I contacted a va lawyer and told him about my case and to see if he can help me. Its been over a year since I filed my nod and my nod is only with the review officer which someone told me means that're about to start the long process but others have told me it means my nod is about done and I'll get a decision soon. IDK which is true. The lawyer asked me if I am on SSDI for the ptsd and when the last time I worked was. I told him yes on the SSDI and I haven't worked since mid 2010. He then asked if my va doctor and "va therapist" (social worker) support me getting 100%. I told def my therapist does and she told me the doctor agrees with her. The lawyer then tells me he can def win my case and hurry it up. All I pay is 20% gross amount awarded and 10% of the money awarded to me, equalling 30% and no out of pocket fees. Should I retain the lawyer?

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It's up to you. I think 20% is enough. You have all the support you need and it sounds like he'll just write a few letters. jmo

pr

I'm a little confused though. I could of sworn I asked for hearing where I'd sit down with the person that'll be making the decision on my ptsd, but my nod is already with a review officer awaiting a decision.

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idk if this is bad or not but I went over my last c&p and the doctor said my condition is much worse, I won't get better, but she thinks ptsd should be a secondary condition, and some sort of schizo mental issue should be my primary. The c&p doctor also said she feels I am permanently unable to work. Is this going to stop me from getting 100% for ptsd or what?

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The lawyer then tells me he can def win my case and hurry it up. All I pay is 20% gross amount awarded and 10% of the money awarded to me, equalling 30% and no out of pocket fees. Should I retain the lawyer?

The lawyer can't speed or hurry anything up and the law states 20 percent.

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Yeppers. Flat rate of 20% maximum is set by law. Any moneys recouped from EAJA funds are to be subtracted from it. You pay $50 for filing fees at CAVC (if an appeal is necessary) and any fees for copying/ postage. Period. If he/they state it is higher than that, they are blowing smoke rings. Be careful.

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again, a lawyer will not be able to speed your claim up. When you submitted your NOD did you ask for a decision review officer to review your claim? Some VARO's are taking 2-3 years for a decision.

I would suggest not retaining a lawyer, not now. I would wait until the decision of your NOD is determined, then you can decided if you need a lawyer. If you do need a lawyer, there are several, and I mean several reputable lawyers out there that do this pro bono, which means you don't pay anything.

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