Can I Change My Lawyer Once They Started My Appeal Process?

[Ken8651]

I hired a lawyer back in 2013 for my VA appeal, he submitted my NOD in May 2013, and there's no movement since. I sent my lawyer an email back in March 10, 2015 asking for the status, he told me he will send a request to VA asking about the status of my appeal, which will take between 5-15 business day. On Apr 7, 2015 I sent him an e-mail again to see if he got the response from VA. He told me to wait 1- 2 more weeks, after that I haven't heard from him. On May 26, 2015, I sent him another e-mail to find out what's going on, he never reply back. I called the office on June 1, 2015 and spoke to a lady, and explained everything to her. She said she will let him know I called, and ask him to call me back........ Today is Jun 10, I still haven't receive a phone call from him. I'm not happy with their service at all, can I still change a lawyer at this point, and what I needed to do? Thanks everyone, and have a nice day.

Edited June 11, 2015 by Ken8651

[Berta]

You can revoke his POA by sending a signed statement to that affect ,to him and also to the VARO who has jurisdiction over your claim.

I would send it USPS Priority and get a tracking slip so that ,if needed, you can go to the USPS web site and print off their receipt of the letter.

Meantime, if I were you I sure would use IRIS to try to get a status of the claim.

Something seems like it smells bad here....I sure hope he filed the NOD....

IRIS is reached through the www.va.gov web site.

Go to the Contact us button, then click on Ask a Question button and tell them you want to know the receipt date of your NOD and the status of the claim.

[Berta]

oh forgot, ask them (IRIS) to reply via email to you...they make stuff up on the phone....sometimes...

Have you tried the 800# at all since he filed the NOD for a status? 1-800-827-1000.

Still IRIS is better then the 800# because you can get a hard copy reply via email.

[Ken8651]

Thanks for your reply, Berta.

i did use the iris service and asked the status of my appeal, all I got is a reply saying they don't have the exactly time frame it will get process. And generally it takes about 530 days to get my SOC, and depend on my location and the work load. I checked the ebenefits website, it does say I submitted my NOD back in May 10, 2013. I just want to know if I revoke their POA. Will I have to start the process all over again? Thanks.

[Gastone]

If your current lawyer, is real lawyer, he was sure to include something in your Attorney Representation Agreement that you signed, that covers you wanting to bail. Your 2 yrs into the appeal and you better check what it's going to cost you to change Representation. In addition, a new Attorney will still get a minimum of 20% of your possible Retro Award. Prudent to spend some time researching and possibly lining up a successor to Represent you so you have all your costs nailed down.

If I've got this right, your current Attorney filed your NOD 05/2013. Requested what, a BVA or DRO Hearing? Back in 13, DRO Hearings were taking 3-4 years and BVA Decisions up to about 5 yrs depending on Remands. Of course, if you had a verifiable Hardship, you could get moved to the front of the line.

What prompted you to sign up with an attorney prior to filing your NOD? At this point in your claims journey, your currently SC at 40%. What SC % do you believe you should be rated at after comparing your disabilities to the 38 CFR 4? What did the original VA rater say was necessary for you to have in order to get a higher rating?

Semper Fi

Gastone