Going Nuclear On The Va

[usdart]

I turned the whole thing over to my Congressman!

I am tired of being lied to and put off and ignored by the VA rep who was supposed to help me, The VA clinic,and my VA Phsyc for leaving things out of her reports and trying to trick me.

I offered as evidence to the Congressman my Ebenefits and myhealthevet records to back up what I am saying. I let them know I trusted these people to help me because like most I did not understand the system. I let him know that I had not filed before because I was unaware of the entitlement and my family prodded me to get help. I told him I spent 10 months in turmoil and raging anxiety and was then told my Claim was totally witout evidence. Even though my VSO insisted everything was there and when I called Seattle they said they had 'all the evidence'.

I am waiting for Doc Hastings to let me know. He has helped me before with positive results from the VA in 5 days. I am hoping for good results here too. At this point if I shot myself in the foot, so be it. I only want what is due.

[RUREADY]

usdart,what's your problem with people getting food stamps, welfare,phones maybe you should try to get some for yourself

its free if you live in this USA if you qualify for it .Anything free is a plus to me just like a disable person getting free homestead

exemption no property tax to pay ++ free tags++ free school++college tuitions++.

Evidence win claims not congressman,lawyers, evidence win most of the time getting VA to read the evidence is another problem

Lawyers are a big +++ to veterans if there is retro involve and you have the evidence they can get the point across to VA better

than most VSO and they know the law a lot better.If they work on contingency than you have it even better no money up front

just saying. I have contacted my congressman about 4 weeks ago and they still have not responded to him just a letter asking who is my

power of attorney. Get your evidence together and win the fight anything free is not always easy to get as you think. RU

[63SIERRA]

RUREADY,, WELFARE IF FREE..... BENEFITS WERE EARNED.

[RUREADY]

who said welfare is free you have to qualify for it if free to no one "benefits are earn""

why you have denials if earn??? should be slam dump claim since you earn them

if a car hit me while walking I can't work no more I don't have enough credits for disability

I have to go on welfare to survive did I earn that?? Everyone has not earn every VA claim

file because you have some that will lie and file a claim for bull sh**. I know a few right now.

Some countries health care is free who earn that this is America and that's the way we live anything that's

free I want

Edited January 16, 2014 by RUREADY

[71M10]

Veterans benefits are EARNED, we have paid for them with bits and peices of our bodies and in some cases our souls.

RUREADY, you mention, what about the ones who lie or lied to get benefits? Where I come from that is called THEFT, and those who lie to gain benefits are no different than the barracks rats who would break open your wall/foot locker and steal from you.

People who qualify for welfare and do thier best to improve their situation and are willing to work if they could should feel no shame.

Edited January 16, 2014 by 71M10

[usdart]

Oh man..sorry I stirred things up! I have an aversion to welfare. I personally would rather take care of myself.

As far as my Congressman, He already sent a letter to the VA on my behalf.

My evidence of Combat is on my DD214. It not only shows Viet Nam Service it also says specifically "Operation Rochcrusher" in 1970.

Myheathyvet has all the obtainable records of VA Clinic visits including my diagnosis for PTSD which started this whole thing. I was unaware that I had it and it was compensable until the VA Clinic told me about it. My VA shrink has it in her notes and shows my SC and the connection to my nightmares are very specific to a couple of things in Nam.

If the VA wants Evidence all they have to do is go on thier own Web Sites Ebenefits and Myhealthyvet and read my files there. Apparently my VSO did not tell them where the Evidence was, this is what makes me upset!

Why would a VA trained and certified Counselor not do things to help the Veteran by being complete and correct with claims?

Why did the VA tell me over the phone 5 months ago that they had all evidence requiered and I just need to wait?

Now I have no representation and am left out in the cold. I am not going to be pushed aside and ignored because the VA does not want to do what is right and proper.

I am not going to a Lawyer yet, I have already asked Congressman Hastings to help and he will. This will have to happen first because I already started it. It would muddy the waters to add another layer to it now. I will let you know how it goes for your own future reference.

[broncovet]

Dart:

Many/most of us have been where you are at. As the guy says, "Its your money, you spend it when you want". I think I can speak for the experienced Veterans who have been there, but I do know there are differences of opinion on these things.

1. With some exceptions, congressional inquires are not effective at getting benefits. Your congressmans office should send an inquiry to VA, and, mostly, VA RO's give the congressmen a "status" on the claim, and not much else happens. No priority. No advance on the docket. You can apply for an advance on the docket if you can document a "hardship", such as advanced age, terminal illness, bankruptcy, foreclosure etc. However, dont hold your breath even when an "advance on the docket: happens.

2. There is a "best point" to hire a lawyer. That point is very soon after a BVA denial. There are several reasons for this. A BVA denial is a "turning point" that a lawyer can be very valuable. A lawyer wont be able to "speed up" your claim at the RO, and he also wont be able to speed it up at the BVA level, absent good reasons for an advance on the docket. Your lawyer wont be able to pull evidence out of thin air that is not there. Evidence wins claims. You need a doctor to say, to the effect, that military service caused a diagnosed illness or injury. No diagnosis, no "nexus", no benefits. You must have evidence.

3. Often you do not need to pay a lawyer anything, especially after a BVA denial. There are several reasons for this. First, as pointed out, most Vets lawyers take your case on a contingency basis, typically 20% of the retro if successful. However, sometimes you may be eligible for a pro bono lawyer.

Next, even if your lawyer is not pro bono, the EAJA can/will pay most/all of the lawyer fees if you win your claim. The CAVC regurarly awards EAJA fees to claimants who win at the CAVC level. There are, however, some circumstances where you would have to pay your lawyer after a CAVC victory, I just can not think of any now unless you have a signed fee agreement and your lawyer can document hours above and beyond EAJA fees. The lawyer will have to ask the court to approve any fees, and the courts generally do not grant exhoribitant fees to Vets lawyers. They EARN their money, so much so that I spoke with a lawyer who "quit" representing Vets as it was not worth it to him. (The problem is the lawyer often has to wait 5 years or more for his money, while paying a secretary, and keeping the lights on. Many lawyers are simply not capitalized well enough to do this. You would need 5 years income in the bank to do this effectively)

4. Lastly, many point out that your 80% of something is more than 100% of nothing. It is somewhat rare for a pro se Vet to win at the CAVC level. However, Vets can/do represent themselves at the BVA and win with or without a VSO, about a third of the time. Remands are about another third, with BVA denials also "about" a third. If you have a BVA denial, this is the perfect time to get a lawyer. This is all my opinion.