ptsd [Update] Va Nod Letter

[11cvolley]

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?

Edited August 29, 2013 by 11cvolley

[11cvolley]

Waiting to get a copy of my NoD I filed from my local vso, then will be sending it to a law firm that is willing to take my case for 20%. Assuming they can help me as they said since I filed NoD already that they might not be able to help if I filed my NoD correctly.

[broncovet]

I need to clarify the fees attorney's can charge. According to Brad Mays letter, the Court decides what fees are reasonable, but they have said that 20% is reasonable. I do not think that precludes attorneys for petitioning the court for fees above 20% if:

1. the fee agreement between the attorney and Veteran permits it, and

2. The Court sees its way to justify said fees above 20%. I can see some instances where fees in excess of 20 percent are justified. For example, the Attorney may absorb fees for an IMO/IME, when necessary. Specifically, I think Mr. Carpenter, a well known Vets attorney charges 30%, but he may not get but 20% if the court thinks those fees are excessive. Mr. Carpenter is a pro, and I am sure he documents his hours, and stands ready to justify his fees. Sometimes, you get what you pay for. I recently hired an attorney "pro bono", and sometimes wish I would have paid for one to get more aggressive representation. You need to remember that often, you get what you pay for, and "bargain" attorneys are sometimes like "bargain" tools, and you have to pay for the best. I would gladly pay Mr. Carpenter 30 percent to represent me, he is far far too backed up to represent me. I think 30 percent for Mr. Carpenter is a bargain.

http://www.vva.org/veteran/1007/Vet_benefits.html

Edited September 3, 2013 by broncovet

[11cvolley]

[update]

The VA is working on, statement of the case, and if I am lucky, it'll be done within the next 90 days...

EDIT: I also have the option to file a CUE since the VA went ahead and made a decision without receiving my SSDI records first.

Edited September 17, 2013 by 11cvolley

[Berta]

"I also have the option to file a CUE since the VA went ahead and made a decision without receiving my SSDI records first."

Yes, if you get SSDI solely for the PTSD, and the VA ,knowing you receive SSDI, failed to obtain those records or got them but failed to consider them properly in the TDIU decision, then they have committed a CUE under 38 CFR 4.6.

[63SIERRA]

you gotta be very careful what you say in the doctors office. the nurse writes down just abt everything you say. I have been getting my med records, and reading them. Alot of times, it will start off with the nurse asking you the pleasantries of the day, then asking other questions, .Think carefully abt what they are asking you and why. The best thing to do is keep things strictly business, and dont voulenteer any info that will not help you .If you have an ongoing back condition, when she asks how you are doing, it wont hurt you in the least to say something like, .. well if this ole back condition wasnt always causing me pain and stiffness, I might not even have to come visit yall so much. ... Also I find my primary doc asking if My family has history of this and that. I always say .NO

I think it is a set up to deny claims., Furthermore, if my parents diet, smoking, drinking, hell raiseing practices, differ from mine, then its not fair to me, to call it " that runs in my family". I have gotten to where I dont trust the VA at all anymore.

Something else I found in my medical records, was my previous primary doctor, changed some of the things I am being treated for from service connected " UNKNOWN to NO. I asked several people why she would do this, when she was not a CP doc. NOBODY. could give me a good answer. So I went to patient advocate. The PA, said she should not have done it and would ask her why she did it, and get back to me. Well I waited and waited, PA never called me back. So I called her back, and she said she had asked her supervisor if the doc had any business to change my contentions, and she said no she did not, and would contact my doctor, and ask her to change it back to service connection UNKNOWN. The doctor never responded. So I requested a new doctor, which they gave ,Me/// Ok first appt with new doc, they pee test me, to see if in on any illegal drugs, and if im taking my meds. All good. Found it strange, that female nurse went into the bathroom with me., She turned the water on at the sink, and I didnt look back, as I was in the stall, so I dont know if she observed me peeing or not., Its like they were very leary of me, like I was trouble walking.

read your medical records!!!!!. Go abt ever 6 months, to the hospital release of info office, and they will print them for free. organize them by date, so if u need to refererence them, its alot easier.

So. to this day, they have never told me why the doctor, changed the status of my back condition from unknown to not service connected. Why are the primary docs even getting involved with this stuff? It is not thier potato. not thier concern.

Things like this make me realize theres alot more going on behind the scenes than we realize.