Someone Talk Me Out Of It!?

[stillhere]

Hello well I am finally ready for the big shots in DC at the BVA. I have all my papers in order and planning on either going with a lawyer or not?

I am really having a hard time trying to decide! I have gotten this far basically with the help of this site and one other and also a pretty good state VSO. (he is now retired) Should I give up a 20% fee and go with a lawyer or just wing it myself knowing if I lose I can still appeal to court or try a reconsideration with a lawyer.

Little history Nam vet 69/70 central highlands with paper work showing couple of visit to medic for ear aches and problems with otitis Media. During exam to separate told by medic I flunked my hearing test (whisper test I think) and I had to stay an extra two weeks so they could test me further. I then signed a waiver so I could go home then, back to a exam 3 months earlier which showed 15's all the way across but the ent doctor hand wrote high frequency loss unilateral with otitis media.

I got out in 71 and never looked back even though I knew I was having trouble hearing I was hopping it would not get worse. Well it did, and I went to the VA for help in 1984 but they denied me and I did not appeal. Don't ask me why, just to disappointed and had a lot going on in my life. Ended getting a hearing aide myself and going on with my life. I was 36 I think.

Ran into a friend at AL and I was telling him what I did and he said I should try and get it reopened. I worked on that from 06 to 2013 when suddenly the VA called and had me in for a C&P well the dr. sided with me 100% and wrote a exam that blew away anything that the VA had. I was Very surprised to say the least and when I got my copy of the C&P I knew I would get service connected!

Sure enough the VA granted hearing loss and tinititis but they only retro me back to 2006 the date of my reopen claim. I NODed and still nothing, so now I am at the BVA and really don't want to screw this up.

But do I get a lawyer? What say you ladies and gents??

Stillhere

[lotzaspotz]

There's a lot to be said for continuity if you hire an attorney early in the appeals process. I think it's more difficult now to win appeals than it used to be, and it also appears that only a small fraction of denials are appealed at all, both at the BVA and CAVC levels.

That said, my experience has been that Board remands have mostly resulted in ping-pong games with the RO that have lasted even to this day, involved having to file a writ of mandamus petition, then denials, then CAVC appeals, then remands back to the Board. Then the situation repeats itself. In my husband's case, the denials occurred prior to the law change in 2007 which was not grandfathered, so we couldn't get attorney representation before it reached the CAVC on appeal. If you think it's worth going the pro se route to save yourself the attorney's fee, just be aware of what you're facing.

Personally, I prefer the sword and shield of a great attorney as soon as possible after a denial, but agreed, the attorney will want to either have the possibility of earning a decent fee from retro comp or, if at the CAVC, being awarded the EAJA payment, or both.

Edited May 3, 2015 by lotzaspotz

[stillhere]

Well Have as much as I can ready to go for my BVA appearance. Did not lawyer up so I am relying on my statements and others with the medical information I have to get me the EED I am asking for.

On reading here asknod and a few others I am VERY nervous about how this is going to pan out. Still have not heard a thing from my VSO and they have had my file since April 8th and I go in next week!

I just hope my PTSd doesn't get me to blow up at them and I am able to proceed on giving my presentation OK.

In my thinking I feel this is really cruel to have to put vets through this stuff when what we are asking is to be treated professionally and not have to counter all of their BS when it really is a matter of their incompetence in the 70/80"s when we were getting out. Most of their exams where useless from what I see and the only ones that got it right were the guys that complained!

Back to the squeaky wheel gets their benefits and those that don't tuff nukkies!

Oh well just ranting a little and feeling lots of butterflies in my gut! When will this be over??

Stillhere

Oh hope my heart holds out for this!!

[ArNG11]

There's a lot to be said for continuity if you hire an attorney early in the appeals process. I think it's more difficult now to win appeals than it used to be, and it also appears that only a small fraction of denials are appealed at all, both at the BVA and CAVC levels.

That said, my experience has been that Board remands have mostly resulted in ping-pong games with the RO that have lasted even to this day, involved having to file a writ of mandamus petition, then denials, then CAVC appeals, then remands back to the Board. Then the situation repeats itself. In my husband's case, the denials occurred prior to the law change in 2007 which was not grandfathered, so we couldn't get attorney representation before it reached the CAVC on appeal. If you think it's worth going the pro se route to save yourself the attorney's fee, just be aware of what you're facing.

Personally, I prefer the sword and shield of a great attorney as soon as possible after a denial, but agreed, the attorney will want to either have the possibility of earning a decent fee from retro comp or, if at the CAVC, being awarded the EAJA payment, or both.

Curious at what point can you and can you not send a waiver of review. Would that not force the claim to keep going instead of sending it back to the denial monkeys?

[ArNG11]

Well Have as much as I can ready to go for my BVA appearance. Did not lawyer up so I am relying on my statements and others with the medical information I have to get me the EED I am asking for.

On reading here asknod and a few others I am VERY nervous about how this is going to pan out. Still have not heard a thing from my VSO and they have had my file since April 8th and I go in next week!

I just hope my PTSd doesn't get me to blow up at them and I am able to proceed on giving my presentation OK.

In my thinking I feel this is really cruel to have to put vets through this stuff when what we are asking is to be treated professionally and not have to counter all of their BS when it really is a matter of their incompetence in the 70/80"s when we were getting out. Most of their exams where useless from what I see and the only ones that got it right were the guys that complained!

Back to the squeaky wheel gets their benefits and those that don't tuff nukkies!

Oh well just ranting a little and feeling lots of butterflies in my gut! When will this be over??

Stillhere

Oh hope my heart holds out for this!!

Slow is smooth, smooth is fast. Review your cases, review your arguments, and your counter arguments. Memorize your time lines and the pertaining regulations. Stick with the facts, and you will succeed. I wish I could give you more sound advice than that, however, it is what I have. Never give up.

[Buck52]

Good Luck stillhere, you'll do good bud!

..............Buck

[Pete53]

You have a lot at stake and 20% for a good lawyer is well worth it in my opinion.