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...........

[Fat]

If I had known then what I know, I would definitely sent it to the BVA and forgone the "de novo review".

I feel 32 months have been wasted by the regional office just rubber stamping the first two decisions.

The Form-9 is the best route.

I'm gonna sit with the attorney and hear his game plan.

If he can help fine' but I don't want them to collect a easy paycheck............

[jbasser]

Try the DRO. You can still use an attorney even at a DRO.  

It all depends on how strong your evidence is and nexus factors fit in.

 

J

[john999]

VA lawyers are really good at making legal arguments.  If you do all the work of gathering the evidence, getting IMO's, and doing all the appeal work then I think if all you get from a lawyer is for him to show up at your hearing and if you win collect 20% of your retro that is a sorry deal.   However, if the lawyer devises an action plan and sends you to an IME and puts together a strategy to win your claim then I think they are worth the money.  My lawyer showed up for every hearing at both the DRO and BVA.  He argued my case at the CAVC and at federal court.  He traveled from New Jersey to Florida to be at my hearings and went to D.C.  for court hearings.  Unfortunately, we did not win but he tried and I tried.

All my other claims I have just done them myself as in gathering evidence and filing appeals.  I had American Legion show up with me once to talk to a DRO.  I won the claim, but I had the evidence.  I also won a DRO appeal for a 0% rating for CAD as secondary to AO DMII.  I did this completely on my own with help from guys at Hadit,  and got the 0% raised to 60%.   What I did between the time I got 0% and 60% was to get more evidence since the VARO had based my 0% rating on an awful C&P exam that involved no testing at all.

 

What I am saying is that 90% of claims can be done by the vet just getting some information from Hadit and guys like AskNod, Berta , Jbasser, Flip or any number of other posters here.   Here is a SOP type of claim process:  The vet has in his SMR's  an injury or illness.  He/she files a claim.  The VA schedules a C&P exam.  The exam either denies that the vet's current problems are  related to his in-service injury/illness or opines that the vet has minimal disability.   The VARO just runs with this 10 minute exam conclusion, and you get denied or low balled.  The next step is that the vet files a NOD and asks for either a DRO or BVA hearing/review.  In the meantime the vet must get more evidence via an IME, testing, or finding new medical records from SMR's.  If the vet gets more evidence that shows that his/her current condition is at least as likely as not a result of in-service events then he/she gets a rating.  If the vet has asked for an increase in existing SC rating then he gathers evidence to show that the current condition is worse than the current VA rating. Sometimes the vet can show the VA made legal errors and make an argument has violated its own rules.  Usually, piling up evidence on the vets behalf is what wins the claim.  This is why I like the DRO process since in my experience my DRO hearings have taken less than a year and I got new evidence in that time period and presented it at the hearing.  If you go to the BVA directly you start off having a two year wait just to get your hearing.  Often the VARO screws around for almost  a year just getting your claim to the BVA where it gets in line with the hundreds of other appeals. You finally get your hearing and the BVA says the VARO made a mistake and you should have been SC'ed or given the increase.  Now it takes 6 months or longer for the VARO translate the BVA decision into a rating.  So four years have gone by and that is all very well if you win.  If you lose you must either appeal to CAVC or go back and start over gathering new evidence etc.

 

If you hire a good lawyer he/she should probably send you for an IMO and he/she will want to win the claim at the lowest possible level  because they know that if they go to the BVA they will be waiting years for payment and they will have to travel multiple times no doubt on their dime.  Your lawyer will request a complete copy of your C-File.  This can take months and you get to the hearing and find that the VA only sent your lawyer half of your C-File.  I guess I am saying if your claim is based mostly on legal issues or the process has confused or scarred you so badly that you feel that you are drowning then hire the lawyer.  If you can't state your claim in one double spaced typed letter then you probable need a lawyer.  The lawyer should not just tell you to get your evidence together and meet him one hour before the appeal hearing. He should present a brief at your hearing using VA precedents to show why you are entitled to SC or an increase.  He should be organized and know your claim in detail.  I still think using the DRO process is like having another bite at the apple before you go off to the BVA.  Claims often take years to go from a 10% disability to 100%.  You build your claim for higher ratings one rating at a time.  My first rating was 10%.  I was low balled.  Some years later I got raised to 30%.  When my condition got worse with time I got 70% with an IME.  When I lost my job I filed for TDIU.  I was denied and had to appeal as usual. I got TDIU with yet another IME,  but was denied Chapter 35.  I appealed this and got another  IME to show that my condition was P&T.  So this whole process took me 30 years because I did not know what I was doing and depended on pathetic VSO's who never even told me to get IME/IMO and had no plan for me to win an increase.  The VSO's discouraged me from filing for increases and appeals even when I had SSDI.  If you file a claim and get any sort of rating your foot is in the door and you can eventually get 100% or TDIU when and if your condition gets worse.  Most vets get worse with time.  I don't know any who started off get 30% and five years later they walk away from treatment with no symptoms or scars from their experience.  They may never get worse but they never get to 0% from 30% or 50% or even 100% .  There are always residuals and secondary conditions. 

 

                         John

[USMC_VET]

  Most vets get worse with time.  I don't know any who started off get 30% and five years later they walk away from treatment with no symptoms or scars from their experience.  They may never get worse but they never get to 0% from 30% or 50% or even 100% .  There are always residuals and secondary conditions. 

 

                         John

That is true for physical with mental the VA likes to play games.  For vets who are completely unfamiliar they can get played.  they dont know about re-examinations, they dont know they can be reduced.  so they get called into the va for a new C&P re exam and then when asked how they are "fine", not because they are, but because they dont want to be there.  the exam then reads "veteran has shown improvement since last examination" and then they get a sucker punch in the mail saying "proposal to reduce from 70% to 30%" and they ask how? why? then they come to hadit (hoepfully) and figure it out. with mental though i dont know anyone that is "better" some can process the outside world in a more socially acceptable way.  some get worse with symptoms and how they act to people around them, some get "better" in that they deal with it, but the pain is still the same. 

[RUREADY]

I am a witness a dro is a waste of your time unless you have something new, and if you dont

don't waste your time a dro will not go against his buddy decision. I have wasted years for a dro

review and the  wont change his mind even with new evidence. They may give a little, but they wont vote

against their co worker. This is just my opinion choose wisely. some win some don't but present your best case

if dro win for u fine, if not you wasted 2-3 years for a dro review from the rater to his supervisor  who train them

Edited August 27, 2015 by RUREADY