Thoughts on DAV

[DevilDog12]

Just want to know what other users think of the DAV as a claims rep?  I won previous claims without help from them, then appointed them as rep.  Problem is, I can NEVER get in touch with them, and have a new claim and appeal in.  Would you guys recommend that I keep using them, or go at it alone?  Seems like they could care less about getting back to me.

[FormerMember]

Many of you do not understand this. VA attorneys, like all attorneys, by law are required to perform 30+ hours of pro bono work every year just to keep their license to practice. With that said, think about VA attorneys in particular. In most fields, they get 33% to 40% of an award for ambulance chasing or whatever they do. VA attorneys can charge up to 33% and some do- like Bergman and Bergman. Most will only take 20% as the top limit. Do you realize how blessed you are to find even one willing to take your claim?

Would you rack up a student loan for a 3-year Juris Doctorate (on top of 4 years for your BA) just to take a tinnitus claim that will win your client a $4,000 retro check? That might take you four years to get the $400 (20%). It wouldn't even pay one month on the interest for your student loan(s).  Does that make sense? Some I have met insist VA attorneys purposefully prolong a Vet's claim to get more retro. Please introduce me to one. That's almost as humorous as the VSO rep who says "Why pay an attorney? We do it for free." Of course, they rarely win the $, but that is beside the point. 0% for tinnitus is a win, right?

I'm preparing to go into this too. I would have no desire to hang a fellow Vet out for an extra two or three years with lousy representation to get more money. To imply any attorney who practices before the VA and only asks for 20% when s/he could get far more in SSA claims or personal injury lawsuits shows a lack of how the world turns. Time is money. Offices have a greeter who types and demands a paycheck. The lights overhead consume electricity and you have to pay the rent. The copy machine eats paper and ink which doesn't grow on trees. The USPS demands money to mail things to Janesville, Wisconsin. If there isn't any money  in it, or very little, why bother? Or better yet, why bother taking the hemorrhoid denial to the BVA and a 0% win? Your paycheck will be...wait for it....$0 with the exception of some reduced EAJA fees you have to wait a year to obtain.

VA attorneys have to pick and choose their battles. If there is little or no money in it, your only shot at it is a VSO. If it's for 35 years of retro on a CUE, an attorney may have to hire a specialist out of his own funds to develop the claim and the ensuing appeal. If you're broke, they still have to pay their hired help and the lease. If (and when) they make any money off a settlement, they have to deduct expenses and overhead which can make it a poor investment even less than 20%. What happens if you lose? No money for Mr. Attorney. Perhaps that can give you a better idea of why some VA attorneys are picky about who they represent. I would be if I needed the money. 

After speaking and dealing with hundreds of VA law dogs over the years, one thing is certain. They do not like to take on PTSD cases. Far too often, about a year or two into it, the Vet loses his temper and rescinds his POA. All the hard work goes down the drain. They suddenly have zero to show for it. Let that sink in. Finding a VA attorney who will take your case is often difficult and now you can perhaps see why. In addition, there aren't very many of them who are skilled-just like good VSOs. Finding a good one who can win is dicey. Just be glad there are some even willing to help at all. If I were 27 again and had a brand new sheepskin in my hand, VA law would be the absolute last thing I'd be thinking about unless I really liked helping Vets.

[bcnandprn]

I absolutely understand what asknod is saying and it would be difficult to help people with low "rates of return", but in my particular case, the attorney I asked simply sent an email that said, "I can't help you" with no explanation as to why he felt that way. I would have felt much better about it if I understand why he felt that it wasn't worth his time (even if it was simply that he wouldn't make enough money).  Also, in my case, the attorney would have been recouping his expenses in a portion 80% of retro pay that was for the past 45 months (about $13,000) and I didn't do anything except continue to see my doctor over the past several years.  Everything was documented in my SMR and civilian medical records which simply weren't reviewed when they first denied my claims and I didn't know about filing a reconsideration instead of appealing. 

Where I work, we have an attorney who will respond to our Request for Evidence with a handwritten letter that says "I already sent you everything".  I bet his clients have no clue that he didn't collect the requested evidence until they get their denial letters.  There are attorneys who are willing to fight for their clients and others who simply want to collect the fees they charge without putting in much effort.  The worst part is that I have an employee on my team that recently passed the bar and yet I can't get him to stay off his cell phone long enough to actually look at customer files.  He only partially fills out the required worksheet and makes tons of mistakes.  There's good and bad everywhere.  

[FormerMember]

Good point above on rationale for not taking a claim. I agree with BCN but we cannot make it a requirement that attorneys be polite, timely or efficient. If that were the case, we would expect the VA to aspire to that high standard as well. Veterans have, historically, been given short shrift judicially as well as with legal representation. Is it any more (or less) ethical to take a POA from you and then become inaccessible or refuse to return your calls such as innumerable VSOs do? Rudeness is acquired art form taught from birth-be it an attorney or a 'free' outfit. 

I have always smiled and proceeded on claims even when VA is rude and inefficient. Serving the well-chilled revenge dish at the end is reward enough. I took particular pleasure in sending one law dog a letter after I helped a gal get her CUE back to 1978. He had declined with no reason as well. My note was short, too. " How do you guys make any money when you turn down the easy ones? This took Sheila 14 months and she didn't even have to leave Winston Salem for the BVA." Harry Highpants didn't even answer me but it was worth the 42 cents. 

One thing I have always cherished is the camaraderie here on Hadit. Unlike a certain Veterans 'pink' site where rudeness is endemic, Veterans here enjoy a warm experience free from recriminations and back biting. I expect no less on my site and pride Veterans for keeping it that way. Many attorneys eventually acquire an attitude of indifference towards the job. Where VA claims are concerned, one who has never been a Veteran is at a strategic disadvantage in trying to comprehend what we endured. 'Hurry up and wait' has been our VA call sign since discharge. Worse, ignoring us or losing our claims seems to be par for the course. To have someone who purports to be in the business of fixing this offer a simple "No thanks" with a small explanation would be appreciated. 

You can't always get what you want. Vote with your feet. When you find a good attorney, share them with us here. That's why this forum exists. VSOs are only a small part of the judicial picture available to Veterans. The more complicated the claim, the more legal experience needed to bear on it. 

[HitemStraight]

Have not had much luck with the DAV VSO's. They have either given false information, or simply don't return phone calls. I work my own claims now, but would not suggest for everyone. Get the help if you need it to process the claim.

[DevilDog12]

No luck here either.  Thanks for input!