Hired Veterans Attorney Today.

[broncovet]

Its good news for me. Great news. I know people think attorneys make big bucks for almost no work. In Veterans law, my experience has been its not that way at all.

First, Veterans attorney's have to wait 2-5 years before they get paid. Do you know anyone who wants to work that long until payday, and payday may not even come then? Remember, attorneys who represent Vets only get paid when they win, and they dont win 100 percent of the time.

Its a little bit like growing Christmas trees. You plant trees, then wait 5 to 10 years before getting paid.

I talked with 3 different attorneys, and all declined my case but this one. They are "skimming the cream" because they only want cases which are a slam dunk as it costs them thousands of dollars in labor for secretaries and expenses before they can expect a payday, so they only take the cases they are almost certain they can win.

Im very excited an EXPERIENCED Veterans attorney accepted my case. He agreed with me about the hearing loss being rated backwards by VA.

38 CFR 4.85(b) says that the chart is read with speech discrimination in the horizontal, puretone average in the vertical. My RO does it exactly backwards, and gets a lower percentage that way.

I beleive thousands and thousands of hearing impaired Vets are rated wrong, by the VA "switching around" 4.85 (b). I did not even notice that VA did that to me, even tho I looked at it probably 5 times in the past 12 years. Finally, about a month ago, I had an "Aha" moment, and realized that VA did it wrong. This will be a HUGE deal if we win. HUGE. I think it will be bigger than Nehmer, or Bradley vs Peake.

I think the VA will do everything to keep this from being precedential at the CAVC. It would cost them billions and billions. There are many, many many Vets who are hearing loss at 0 or 10% who should probably be 50%.

Edited July 22, 2015 by broncovet

[Carl the Engineer]

Thanks, I will have to look at that. I am 0 for hearing loss. I dont remember my score for speech, but I dont think it was that bad.

Could alway go for increase. My left ear keeps getting worse.

Thanks again,

Hamslice

[Vync]

Good luck on this! I hope you can set them straight!

[Navy04]

Good luck bud, I am at 0% hearing loss with severe in R ear, but not worth fighting for me. Take care and God Bless

[Buck52]

broncovet,

Are you sure you want to do this? I realize your great with a lot of the VA Law and its Regs, but if two attorneys turn your claim down are you sure there reason was what you mention? I can see one attorney not wanting it but two? there has to be a reason other than monetary.

you know yourself if this goes to the big boys in Washington its going to take a lot of time even years.

Maybe & maybe not?

I would suggest you talk to some of the long time hadit elders like Ms Berta, Asknod, Ms Carlie, Phillip Rogers People like that that's been around the VA more than once or twice and seek there advice or help with your claim.

As for a the VA Making an erogenous error on your hearing test as to it being rated backwards to keep from having a higher rating or whatever they could come back and say it was just an error in the typing or say things like this test could not be used for rating purposes, they will dig deep to have an excuse to over ride your attorney and send you for a C&P to clear this up and make sure you have a hearing test that can be rated fairly and correctly for rating purposes or simply send another denial?

Just a suggestion & I know your sick and tired of trying to have this claim adjudicated once and for all.

What I mention is just my opinion and I know I could be all wrong about this...but do think long and hard about it.

Good Luck

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

[broncovet]

Thanks, all for your advice. Attorney's who represent Veteran's can/are choosey. You see, its not a lucrative field. Social Security disability is much better, because attorney's get paid in a year or so, while attorney's who represent Vets have to wait 4 or 5 years to get paid. So, many only take six figure retro potential, that they are sure is a slam dunk.

My claim does not have a six figure retro possibility (unless I win SMC also, and that is unlikely). It only goes back to 2002-2006, and I got partial benefits from 2004-2006. Its not gonna be like Alex's half million dollars to 1994. Its a big deal to me, but not really to an attorney who has to wait 5 years to get paid. The Very busy big name attorney's just dont want to mess with 5 figure retro's. There is just as much work for them to win six figure retro's as there is to win 4 figure retros. Its kinda like selling real estate. Which would you rather collect 6% on...a 40,000 home or one that is 800,000, if they both involve the same amount of work? The realtor selling a 40k home splits 2400 with the broker. He will be lucky to make 600 dollars because the lister and selling brokers also split. With an 800 grand home, they will be dividing up 48,000. It works the same with attorneys and retro. They are here to make money, not peanuts. A 20,000 retro for an attorney will give him $4000 before he pays his secretary. They just dont want to risk that for a few hundred bucks, and wait 5 years for that. However, if they get a retro like Alex 500,000 or so, then they take home a hundred grand, and if they pay 10 grand for a secretary, thats a nice 90 grand profit worth waiting five years for.

This guy has enough experience (about 5 years), so he really has not even had enough time to win a HUGE retro. Attorney's are not like elephants..they dont work for peanuts. Its a gamble for them. They have to invest thousands and thousands of dollars in labor for a legal secretary and expenses, and they just dont want to do that unless the payoff is massive.

Edited July 23, 2015 by broncovet

[RUREADY]

you got the wrong ideal and calculation on attorneys if that the kind you

got representing you good luck. Attorney accept claims to win benefits

and that anything after an appeal they accept because they think u can win

your claim and if its in appeal you should have some retro because it takes years

for appeals. Some lawyer will and some lawyers wont. Find one you are please with.

Good luck because in the end evidence wins claims not the attorney we hire.

Edited July 23, 2015 by RUREADY