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]

A good plan and a good Lawyer will usually win,

A lousy plan and a lousy lawyer will likely loose,

Evidence be damned,

Hamslice

[RUREADY]

keep filing without evidence and you will c who wins all the time

you cant commit a crime without evidence

[Notorious Kelly]

Glad you've got a pro and some peace of mind broncovet; if we All did this the VA would have to change their ways.

[Buck52]

broncovet

I thought you filed a write of mandamus?

if you did, was it blocked by one or any of the provisions in the Interlocutory Appeals?

Maybe that was for a different claim?

Not that I know that much about the Writs but I always thought this was your last chance to prove your claim? in your case CUE or just down right Freud by the US Government.

Which to me if it goes to that your attorney will sure have his hands full.

jmo

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

Edited July 23, 2015 by Buck52

[broncovet]

You are correct that I was "writing" a Writ. You see, I got a BVA decision in 2012, and it required readjutication and remand of TDIU, among other things. I had decided to file a writ to compel the VARO into BVA complaince. Just as I was preparing the Writ, (I had emailed Allison, 3 months earlier about this same issue), lo and behold here comes my "implementation"...a new VARO denial and SSOC.

That pretty much "shoots" the purpose of my writ, but there are other VARO violations. However, at least after the VA sitting on my remand for 3 years (when "expiditious treatment was required), the Allison Hickey emails forced them to at least comply with the BVA.

Now that the RO denied (again), I filed an I9, sending it back to BVA. This is the procedure. You file a nod, you get a soc, you file an I9, and it goes to the board. If the board remands (which it does about 45% of the time), then the RO must issue an implementation decision. You can appeal that implementation decision (I did), and the VA needs to file an SSOC, which you can respond with an I9, sending it back to the Board.

(The CAVC has made it real clear that a Writ of Mandamus is NOT an appeal, and wont regard it thusly. One of the things you have to prove with a Writ is that you have no alternative remedy. Thus, now I have an alternative, it went back to the BOARD of Veterans appeals. In short, if the CAVC sees that you have a pending claim at the BOard, they immediately deny the writ. KNowing this, I stopped work on the Writ and did not file it.

However, Im going to hold VARO accountable and if they do not comply with the Board remand again, in any way, I will file a writ.

I do think I still have things that warrant a writ...for example, I filed a NOD in 2004 that the VA received but never acted on it. If the VA acted on it, then I would at least have an opportunity to appeal the 2002 VARO decision and thus, retro to 2002.

However, again, its pending at the Board. I have to wait for the Board decison. If the Board AGAIN fails to address my issue of the 2004 NOD, then I will file a writ.

Also at the Board I have requested a WRITTEN DECISION that denies or awards my 2008 "Request for special handling due to shredded evidence", along with a reasons and bases. I contend that their "hidden denial" without a written decision is a violation of 38 cfr 3.103 the due process reg that requires a decision with a r and B on any issue that affects benefits.

I know the RO does not want to issue a written decision on my shreddergate fiasco. They want me to just go away. You see, if they issue a decision, then I can appeal it..and that will become public knowledge at the CAVC. And they certainly dont want to "grant" my shreddergate. So, they are between a rock and a hard place, which is exactly where I want them.

The pressure is on much more, now that I have an attorney, who understands and agrees that this has implications far beyond "my" retro. The VA has shredded thousands of other Vets evidence and has gotten away with it, scott free, 100% of the time. Mostly, what the VA does is simply award the Veteran benefits. You see, the CAVC and Board operate on a "case or controversey". They dont do "hypothetical" what if I do this, what will you do? You have to have a pending claim at the board, initiated by a NOD, and "perfected" by filing an I9, or you have no case pending before the board. Same with CAVC. You have to have a board denial (not a remand...CAVC wont hear issues which are remanded until/unless those are resolved. ) OR, you can file a writ on issues where you have no other remedy possible, such as the BOard refuses to rule on your issue.

Edited July 23, 2015 by broncovet

[Buck52]

oic,

Sorry to hear your having so much trouble with your claim.

I hope you get it solved soon, I can see why you hired an attorney.

Maybe he/she can get things rolling for you.

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