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

[Gastone]

Knap, you got that right. As I recall the Vet that got hit for the 30% of his Retro (seems high) got his attorney right at or after filing his NOD. From his follow-up discussion, I don't believe he talked to more than 1 lawyer and it appeared that the 30% was a no discussion rate. Different strokes I guess, but his claim, his decision.

Still: What % did you get for the SC Hearing impairment? SC's for Hearing Impairment at 0% are very common. What were your C&P word recognition scores? Very difficult to qualify at even 10% if your Word Recognition comes in at 90+%.

Semper Fi

Gastone

[Philip Rogers]

My claim started in 4/89 and went to the BVA, a second time (first time it was remanded), in 9/99 and I won, 100%, for PTSD, back to my original claim date. No lawyers, just me learning how to fight the VA. It took it's toll on me but they created the problem. If they had awarded me what they should've, originally, I wouldn't have helped so many vets win their claims!

I like 63sierra's tiger/elephant logic!!!

pr

[stillhere]

Thanks to all I think I know how I want to proceed.

Gastone I am currently rated at 60% for hearing loss and 10% for tinnitus. Like I said I appealed back in 2006 and took them till 2012 to finally approve.

Everyone I will fight this just like John 999 all the way!!

Stillhere

[Buck52]

stillhere,

If you have all papers in order

If you have all your medical evidence and any more new evidence to help with your claim.

If you get into a trap with bva get on hadit and ask questions. (the hadit elders) ( ms berta) or (asknod) and some of the other hadit members can help!

just my opinion hereI'd give it a try you won't never know how it may go if you don't try.

Again like you mention there's always the ''Reconsideration!

although this is your choice, your going to get pros & cons about what decision to make.

jmo

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

[stillhere]

Strange thing at least I think so? I got a notice from BVA the beginning of April telling me my date for my hearing. I looked on ebenefits and it said with VLJ. When I checked back today it said with your vso who I haven't seen or used for years.

If I do go with the lawyer I guess I have to fire them? But ebenefits says they are writing a supporting document for me? Like I said I have not heard from them at all!

I did call the end of April but no one has called me back.

Anyone know what I should do? I am getting to be a short timer again and already started my calendar!

All my brothers/sisters from Nam know what I am saying!!

Stillhere

[Chuck75]

The problem is changing representation in the "middle" of the appeal.

You may or may not be allowed to do this, without a lot of complaining.

I encountered difficulties when I "fired" the state VSO, even though I had filed the proper

paperwork with the VA appointing a Lawyer. Someone didn't bother to make the changes

in the computer files, until I noticed it and complained.