Who Lobbied Against The Right To Have A Attorney

[betrayed]

Along with the DAV, it was either the VFW or American Legion that lobbied congress not to allow vets to have attorneys represent them. I Cant remember but I am about to renew one of them and I want to make sure it wasnt the one who was against my rights to have a attorney if I CHOOSE SO............................come on elders help me here

[broncovet]

I think they pretty much all did. Before you renew your membership to a VSO, check to see what the head honcho is earning:

https://www.disabledveterans.org/2013/04/24/vets-outraged-over-veteran-organization-exec-pay/

The heads of VSO's all pretty much earn a quarter million or more per year, and so your membership renewal will go to support this. Not me. Not a dime. If I earned a quarter million and my VSO earned an average of $1000 per month, like disabled Vets do, then I would donate. They already earn too much, and, yes, they want to keep it that way by making sure we cant hire lawyers. Its to "protect us"..yea right. Remember, this does not mandate attorney representation, it simply allows Vets the same benefits criminals get.

[jbasser]

They all are against attorneys. They are afraid vets will get something they cant.

J

[Stretch]

I was putting pressure on for veterans lawyers for about 6 years. I am sure there were many others who were in this battle for many years. I hammered the house, the senate, the president, and anyone else that would listen. All of the VSO's had something negative to say about these vets lawyers.

I kept saying that there was an entire legal system set up against the veteran and that for the veteran to find a lawyer that would accept his case for under $50.00 was ridiculous and disrespectful.

The DAV (Violente) was one most opposed to veterans lawyers. From what I remember he was saying that lawyers would take advantage of veterans. The VSO least opposed was the VVA.

I couldn't hardly believe it when the VA started allowing lawyers. It kind of left me in shock. Wide stance Larry Craig was on the veterans committee in senate then.

If you are looking for a VSO, I would say use the VVA. The AL and VFW are not much more that bars and they play games with veterans claims.

---------------

Found this rediculous statement from VSO's:

http://www.fb-firm.com/CM/FirmArticles/LegalRepresentation.asp

Two VSOs, the Disabled American Veterans (DAV) and the Veterans for Foreign Wars (VFW), in particular were opposed to the legislation for reasons which, on their face, made sense. A veteran should not have to engage and pay for a lawyer to simply obtain the benefits to which he is entitled.

Edited August 21, 2013 by Stretch (see edit history)

[Pete53]

It amazes me more attorneys don't want to rep Vets cause they would make a lot more than working on Social Security Claims. Takes longer but many Veterans would pay 20% of backpay and that is a lot.

[broncovet]

Vets fight for others freedoms. Freedom of speech, press, religion. We also are innocent until proven guilty, and have a right to representation. No..not Vets, just "other" citizens.

Like yourself, I am disgusted that overpaid VSO head honchos can decide "for me" whether or not I need a lawyer, without ever meeting me, or discussing my case or poor results I got with countless VSO's. I dont need to pay a head honcho VSO 300k per year to decide I dont need an attorney. I can decide that on my own, thank you very much. Since I am the one who knows more about my case than any VSO, and, I am the one who has to pay the price either if I hire/dont hire an attorney of my choice, it is a decision I am best qualified to make, not a head honcho VSO sipping margarittas in a VFW bar.

I do not tell the VSO if he should "hire" someone to cook his food or cook it himself, and I dont want him telling me if I should hire a lawyer or not. I may or may not be competent to represent myself, and, the VSO I "hire" may or may not be competent to obtain the benefits I am entitled to. He is not in a position to make that judgement call for me. I should be able to decide if I feel its warranted to spend my hard earned money on attorney fees, RV's, VSO compensation, alcohol, or what ever else I choose to buy. Personally I think VSO head honchos are overcompensated, and they should be required to "give back" half of what they earn to Veterans causes, oh, maybe pay Vets attorney fees when they fail to do the job right and an attorney is required.

Edited August 22, 2013 by broncovet (see edit history)

[JR Reihs]

Kinda makes you wonder that after all these years, how many Vets has gotten their claim approved due to what T-Bird has created here and others have taken the time to imput........I put this place up against the best there is out there, Juris Doc be damned, there some on here that would put them to shame.

[Jumpmaster]

I agree with JBasser, Bronco and Stretch. The right to hire an attorney belongs to the veteran. Hadit is the best VA education site for all "Do It Yourselfers" filing claims at VA. And many on this site have been successful without assistance from the VSO's or having to enter the appeals process. I am truly blessed to discover Hadit and learn VA "Warfare Skills" from the Elders and all my Veteran brothers and sisters.

However, in the final stages....everyone know when its time to hire a professional. Relax a little bit, and allow him/her to go run the legal offense against the VA Attorneys defensive posture. The VA OGC attorneys work extremely hard to defeat veterans claims or wait for them to die without receiving benefits. After my best friend from High School died inside the VAMC. I realized he was betrayed and considered guilty even until death! JMHO

[broncovet]

Some Vets do not understand EAJA fees and attorneys. At the CAVC level, you may not have to pay a dime for an attorney. Reason: If the attorney wins, then he will petitiion the court to have EAJA pay the fees, and, mostly, the court does just that.

Sometimes, EAJA fees are not enough to cover all the fees and the Vet will pay some, but, the court already looks out for the Vet and they disapprove what they call "excessive" fees.

Most of the time, the Vet wont pay any attorney fees at the CAVC level, and, mostly, Vets do not need an attorney before the CAVC level. J1vo, but I recognize each Vets case is different and he should have an absolute right to hire an attorney when the Vet feels so inclined. No one should take that choice from him. Its the Vets family who suffers, and the Vet knows more about his case than any 300,000 per year VSO.

[Jumpmaster]

Bronco, you are spot on target with your explanation aout EAJA /attorneys fees.

[thomasc]

Why don't VSO's have attorneys on staff, that would be the best of both worlds for Veterans. I've always used VSOs, but we get what we pay for! so who's fault really is it if we get denied? I guess its mine.

Edited January 31, 2014 by thomasc (see edit history)

[john999]

What I wonder is why VSO's don't have PAC's so that they could reward congress critters who are really pro-vet and punish congress critters who have contempt for vets and want to cut our benefits? I know the VSO's have some reason why they don't want to take sides in political races, but look at the NRA. If a politician takes a stand against gun rights the NRA will move heaven and earth to help defeat them.

I am a retired civil servant. I belong to a funky organization named NARFE that lobbies congress for active and retired federal civil servants. They give money to those who help us and work to defeat those who want to hurt us. This is how the political system works in the old USA. I like to sit around and swap war stories with other vets at the VFW, but we need more than that if we are going to stop future cuts in benefits. There are plenty of politicians who would see nothing wrong in slashing vet benefits while praising vets to the media. We need to buy politicians and make sure they stay bought.

John

[charlesvan36]

After dealing with the VA for over 10 years, and have not been employable for 4 plus years now, I decided it was in my best interest as well as my family to hire an attorney. I have been denied over and over with proof and supporting documentation for over 5 years now. VSO are ok but they lack in the basic law and I myself have trained as a paralegal and even find the CFR confusing. If you are facing a BVA hearing, please seek an attorney.

Now I hired Mark Lippman from Veterans Law Group. Does anyone have any feedback on this attorney? His reviews seem good but I don't want something to come down the pipe and be told he was or is an ass. I got enough to deal with as it is....

[john999]

VSO's like VFW are also against allowing vets to use private medical system instead of being locked into the VA. They are protecting their asses. None of them care about us. The care I have gotten at the VA is so poor I would not let them fix an ingrown toenail.

John

[georgiapapa]

I got an e-mail today from American Legion wanting me to change my annual membership to life membership. After reading the comments above, I am not even going to renew my annual membership with them.

I am already a life member of VVA and the cost was a fraction of what American Legion charges for their Life memberships.

Rather than paying the membership fees to the VSOs, we should all send the money to T-Bird to support the Hadit website. This is the best VSO we have and T-Bird works cheap. She pays money out of her pocket just to help all of us. Glad we now have the chance to help her. JMO

[Berta]

You bet!

Mark Lippman:....I just Googled Mark Lippman BVA...There might be more of his cases there and even at the CAVC.

I dont have time to read these.

Citation Nr: 1409402 Decision Date: 03/05/14 Archive Date ...

www.va.gov/.../1409402.txt

United States Department of Veterans Affairs

REPRESENTATION Appellant represented by: Mark R. Lippman, Attorney at Law ... REMAND As noted above, the Veteran was afforded a BVA hearing in ...

Citation Nr: 0322771 Decision Date: 09/04/03 Archive Date ...

www.va.gov/.../0322771.txt

United States Department of Veterans Affairs

REPRESENTATION Appellant represented by: Mark R. Lippman, Attorney ... A BVA decision dated in March 2002 again denied the benefit sought on appeal.

[Vync]

I wonder is state VSO's lobbied for it too...

[Notorious Kelly]

A problem you may run into is that lawyers are going for the low-hanging fruit so, if your claim is more complex or less likely to be won, you might have a hard time finding an attorney who will take your case.

I am running into that even though I might pay just for advice beyond what i can comprehend from online sources.

VA's list of approved representatives is extensive but I don't understand why your rep must be on there. What if I was in a position to have TBird, Berta, Carlie etc to rep me before the board?

[john999]

About six years ago I found a lawyer who took my CUE claim. I bet he is sorry now since we lost at CAVC. However, he did take it to real Court for all the good it might do. His ego got involved and overcame his brain and money appetite.

[jbasser]

Here is the scoop. It may help a Vet who is on the fence about hiring an attorney. Major VSO's are good for some things like fund raising, providing a veteran a place to get some alcohol and conversation with other vets. They do have attorneys working for them.

These folks are mandated by law not to charge veterans for claims representation. This mandate has really made it difficult for the VSO's. You cannot charge a veteran.

They have no incentive to help a veteran. Just a sore chest from beating it after a win.

An attorney does have an incentive as you must pay him. EAJA can get the attorney paid if the case goes to federal court and you win.

When picking an attorney, stay clear of cherry pickers who only take slam dunks.

Hope this helps.

Basser