ptsd Eed For Ptsd Grant

[DustyAO105]

I have a NOD to the DRO for an EED for PTSD , Information used to deny SC for PTSD was used 12 years later with C&P exam to grant 100 % for PTSD. Should I wait for DRO to decide or get a lawyer soon . thanks.

[Philip Rogers]

I wouldn't get a lawyer, yet, unless you don't mind losing about 20%, of any retro, you may receive. jmo

pr

[broncovet]

You can begin talking to attorneys, and here is why. At the DRO level, you ususally get a SOC. An SOC means you have been denied, and you have just 30 days to file an I9 to "perfect" your appeal. No I9 and you wont go to the Board.

I do agree with PR that you dont need an attorney at the DRO level. If you have been denied at the Board level, then YOU definately need an attorney at CAVC. The BOard level is pretty iffy, but the DRO level is no attorney needed. Again, ABOVE the Board level..get an attorney. Below the Board level..no attorney needed.

The divinding line is the Board. I have been to the board twice, and got additional benefits both times. One was a "complete grant" the other was a partial remand, partial grant, partial denial, all 3. I do Board level (mostly) myself, but, since this is my third trip to the Board, I went with an attorney AFTER I filed the I9. Here is why.

You only have 30 days to file an I9 after SOC. (It used to be 60 days). That is pretty fast to get a SOC, get an attorney, have him file an I9, especially when I was gone out of town the first 2 weeks.

I made an agreement with the attorney. You see, he gets his hourly rate UP TO a max of 20%. Its not automatic, as I will explain.

You see, they do get 20% of the Retro MAXIMUM. Its not 20% its a maximum of 20..there is a difference. If/when I win then my attorney is instruced to request EAJA fees. I insist. Then, any EAJA fees he gets is deducted from the max. Next he submits a bill to the court for his hours, and the CAVC knows the hourly rate in a particular area and they also know how much attorney time it takes to submit average xxx documents and briefs. The court then approves the hours (or denies or awards a different number), depending on their opinion of "did the attorney really work that many hours".

Then, the attorney will be paid accordingly, out of the retro. This is an example of what "may" happen:

You get 30,000 retro. The attorney asks for EAJA and, since you won, the court awards 5000.

30, times 20% is 6000 dollars. EAJA already paid 5000, so the max he can get is 1000 from you.

He submits a bill for 8 hours that the court approves times 150 per hour (above and beyond EAJA fees). The court likes it, and so. You get 29000, the attorney gets 1000 plus 5000 EAJA and everyone is happy. It does not work this way every time, but EAJA fees are awarded frequently if you win at the CAVC level. I doubt that there will be any EAJA fees at the Board level or below.

Edited July 23, 2015 by broncovet

[Buck52]

Wait see what the DRO decides? you could be totally surprised. (in your favor)

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

[Navy04]

I agree with the guys above, just give a bit and see what happens. Good luck and keep us posted

[DustyAO105]

Thanks l will update when I get more information thanks.

[1994andcouting.....]

I am in a similiar boat. I will be watching this thread.

Good luck DustyAO105.