American Legion or Private Attorney

[Fat]

I need expertise help.......

I was recently denied for a sinusitis claim.

I think the local regional office rater totally ignored evidence. Read my post on 8/7/15 and you make a determination.

I filed my Form 9 to the VBA.

I made contact with a law firm which handles veteran claims/appeals.

I think the American Legion has nice people, but expert help is lacking.

I'm considering sitting down with the law firm for a consultation.

I was told they don't charge up front and only require 20% of any money awarded.

In addition, we talked about requesting my c-file to strengthen my argument at the VBA level.

 

1. Has anyone dealt with a law firm for disability claim appeals (pros and cons)?

2. What services did they provide?

3. Where they present in Washington, D.C. or regional office for hearings?

4. Do you pay them directly or is their pay subtracted from retro amount?

5. Do they try to add additional language to contract about fees for services?

6. Are they able to address claim even though I have already filed form-9?

7. Will I sign form making them my new representative (power of attorney)?

 

Definitely all replies are welcomed...........

[lotzaspotz]

BTW, when a veteran files a formal NOD on a denial, that is supposed to automatically trigger a review of the decision, then RO either reaches a different decision or sends the SOC explaining the denial.  This thing about filing a formal request for a DRO to review it has confused me, because the NOD is suppose to make that happen, anyway ( I guess, unless you're providing additional evidence not previously available).  That being said, I have never received anything but a regurgitation of the original denial in the SOC received after filing an NOD with my arguments as to why the denial was wrong.  I just file the I-9 and appeal to the Board to get it out of the RO.

[Chuck75]

I'd argue that asking for a DRO review is not the best way to go. It allows the clock to continue, and the VA has been known to delay telling the veteran the results until the appeal period has expired, or is about to. I had a DRO review turned around so fast several years ago that led me to believe that it was nothing more than a rubber stamp of the original denial.  Then, the VA sat on the appeal, and some years later, it was awarded via the Nehmer Review, with the EDD going back to the original claim date.

 

[USMC_VET]

Thanks for the information. 

I was initially denied and filed a NOD (de novo review).

They denied the claim again and now I have filed the form 9.

I plan on getting a nexus statement for the sinusitis claim; however I'm waiting for my medical records (on CD) from the VA Records Management Office.

I'm planning on reopening my service connected rhinitis claim (0%) with new & material evidence.

I might let them handle that one claim and see how they do...........

 

MORE REPLIES WELCOMED............

In that case, going to the BVA, etc.  Go with an attorney.

[63SIERRA]

Hold the horses for a minute Tonto,  I have a better plan... REQUEST A DRO HEARING. Go to the hearing with your evidence and present it to the DRO.. You can request and be granted a hearing at any time, You can bring in witness statements, your computer, give verbal testimony, ect.. you will likely speak with an RSVR who will then work with the DRO...

You want to keep it from going to appeals if you can. because it may get sent right back to the RO, and another goofball goofs the claim.

Have you recieved a statement of the case yet?

[USMC_VET]

Hold the horses for a minute Tonto,  I have a better plan... REQUEST A DRO HEARING. Go to the hearing with your evidence and present it to the DRO.. You can request and be granted a hearing at any time, You can bring in witness statements, your computer, give verbal testimony, ect.. you will likely speak with an RSVR who will then work with the DRO...

You want to keep it from going to appeals if you can. because it may get sent right back to the RO, and another goofball goofs the claim.

Have you recieved a statement of the case yet?

after re thinking, i think sierra is right, the de novo review should be automatic under a NOD anyways, but i read it wrong when i answered before.  I thought you already had a DRO HEARING, but it was just a de novo review.  Yeah request a hearing.  if that is denied THEN get a attorney and ride the BVA train.

[john999]

Read your contract with the lawyer very carefully.  You and the attorney are bound by what is in the four corners of the written contract.  Whatever else is said outside of the written contract has no weight if you and your attorney come to blows over something done or not done.   The lawyer may tell  you this or that but the written contract is what will hold up at any legal hearing if you and the lawyer part ways.  Even the best VA lawyers cannot turn a pig's ear into a silk purse.  You still need the evidence.  If you are going to hire a lawyer he will probably want to have a hearing with the VA at the local level if he is local lawyer.

I had a lawyer for my DRO Hearing,  BVA Hearing, CAVC and Federal Court Hearing.  I did not win the claim, but if I had a claim again that I knew was going to be disputed I would sure pick the lawyer over a VSO.  Many of the VSO's have little training and are so fearful of the vet ending up with a reduction that they settle for the least rating and least amount of retro.  If someone works for me I think they should get paid by me.  You get what you pay for and if you hire a lawyer who can refer you to IME's etc. then that is a good lawyer.  If the lawyer wants you to do all this on your own and he just show up to collect a check forget him/her.  Evidence is what wins claims and the lawyer should help you get that evidence otherwise what good are they?