Appeal With Dro Over 6 Months

[11cvolley]

So my appeal has been with a DRO for over 6 months and nearly a year and my lawyer hasn't gotten anything from the VA other than accepted as my lawyer. I'm so tired of this hurry up and wait game...

[Gastone]

11: With DRO over 6 months? Lawyer just got accepted by VA? I haven't gone back and checked your previous posts yet. With that said, did you initially file Pro Se for a DRO Review or Hearing? When and why did you decide on a lawyer to rep you?

My initial NOD requesting a DRO Hearing 09/10 didn't get heard till 06/27/14. Prior to the 05/early/2014VA Letter advising me of the 06/27 Hearing Date, I had no idea of status of Hearing. Only thing I could ever get from my VSO's main office was my claim had a number of passed "Diary Dates." WTF that meant, could never get a solid answer. I really don't think the DRO actually had my Claim on his desk reviewing it for any great length of time prior to my Hearing that only took 35 min to complete and Award (2) NOD 10 & 12. Now I opted at the last minute to go the "Informal Hearing" route. DRO said that decision allowed him to address my 2012 IU NOD also. All issues awarded, worked for me.

Your at 80%, did you get an "Inferred IU" notification and file for IU?

Semper Fi

Gastone

[air1]

My DRO appeal over three months , i have to have heart surgery, called my Senator and they the VA said my case would be finish in a couple of weeks and that was December 15.2014.Im still waiting ,do they just lie to Senators.

[11cvolley]

My DRO appeal over three months , i have to have heart surgery, called my Senator and they the VA said my case would be finish in a couple of weeks and that was December 15.2014.Im still waiting ,do they just lie to Senators.

I hired a lawyer for better odds. 80% backpay is better than non. Going to be pissed if I have to pay for lawyer 30% for doing nothing tho.

[Pete53]

Sometimes I wonder if lawyers drag out so they can get paid more?

[FormerMember]

Read your fee agreement. If a VA lawyer doesn't win your claim, he doesn't get paid. Do not confuse copying fees, filing fees at the CAVC, IMO/IME fees or $120 worth of postage needed to file a huge writ as "losing money ". If you hired an ambulance chaser to file your claim, there would be some "up front expenses" unless it was iron-clad or you were homeless.

A Vet lawyer makes more if it takes less time, not more. By law, they cannot charge more than 20% and you have to agree to that up front. Ambulance chasers get twice that (40%). Truth be told, I don't see why they even do it at all. By law, every lawyer must contribute 30 hours per year in pro bono work. Many do even more.

Lawyers only get EAJA fees it they "substantially prevail". It's possible to win an increase for you and still get stiffed on EAJA by the Court or VA. Besides, they usually whittle down the attorney's remuneration by 30%. After that, they usually wait six months to get paid. Sounds pretty glamorous, huh? VA pays based on the lodestar or going rate for a locale. NYC VA attorneys are going to get more EAJA than one from Bugtussle, Arkansas. Lodestars range for $175.oo/hr to $350.00 hr. Newsflash. That's not big money for someone with $150K worth of student loans @ 3% interest to get his juris doctorate.

I know a lot of them personally and they get some of your cases after a VSO has turned it into hamburger helper. Some are almost impossible to salvage at the CAVC. When they lose, everyone says "See. I told you so". I just wonder why they don't say "See. I told you so"when the MOPH agrees with the DRO and says you're faking it. Or s/he agrees to 0% for tinnitus without asking you first. A VA law dog is your best friend when it comes to bargaining. Most don't like the VA and they don't have their office at the RO with the VA paying their rent and phones. Think about that. Who do you want repping you? Your hired attorney or someone with 40 hours of "legal training" for free who is best friends with the guy rating you? I'd take the hired pit bull any day. Just one content contributor's opinion, mind you.

Edited January 23, 2015 by asknod

[11cvolley]

I agree. The way I see it is if the lawyer wants to get paid, he needs to win. Theres an incentive for him/her to win. Unlike these VSOs that couldn't give a flying 'f' how long or if you win. I'd just be mad if I win at the DRO, attorney does nothing, and still gets 20%. The lawyer I went with didn't sugar coat anything either, I like the brutal truth. Also went with him because he said from the files I sent him he is 'pissed off' that they denied me IU. He asked me the same question I asked myself, 'wtf does playing a video game have to do with you being able to hold a job?'