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EED NOD: WHAT CAN A LAWYER DO FOR ME?

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ATCJen

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Hello, Shipmates. I am beginning this NOD journey this week and I am wondering what experiences you guys have with lawyers that specialize in VA claims and appeals? Mainly, I am wondering what a lawyer can do for me that I can't do myself? Can they get me through the process quicker? What exactly can they do? Off hand I want to say "not much" other than fill out the paperwork and file on my behalf, but what good does that do me? I have my wits about myself and I'm able to fill out the paperwork, gather evidence, etc. I've always opted to act pro-se as much as possible. I handled my own divorce, my children's name changes (10X more complicated than a divorce, believe it or not) Am I being shortsighted? 4 years of 100% back pay is substantial and I wouldn't mind paying a lawyer if they actually helped me with something I could never do myself. Does any one have any experiences they can share with me? 

Background:

 I won a claim 100% scd for MST/PTSD and that was half the battle. The other half is that the VA closed my original claim for this 4 years ago without ever notifying me. I'm filing for the original 2011 ED. They claim I WAS notified but i moved  or ignored them because their mail had returned to them unopened and that they tried calling me ONCE and my phone was disconnected. I have proof to the contrary of both of their statements which I submitted for their review along with my ptsd/mst evidence. They ignored it. Now I have to fight this. 

Edited by ATCJen
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The crazy one here, IMHO at this point you do not need an attorney.  File your NOD do all the paperwork and the leg work up to and allow your claim to go through BVA. If BVA continues to deny your claim and you choose to continue your appeal to CAVC (Courts of Appeals for Veterans Claims) then it is time to get an attorney.  At this stage most attorneys do not charge veterans, they can get their pay from EAJA (Equal Access to Justice Act 1980).

In the case of a veteran, this means that if he prevails at the U.S. Court of Appeals for Veterans Claims, his attorney can apply to have the VA pay the legal fee. To prevail, the attorney would have to get the claim remanded or reversed. The payment of attorney fees under the EAJA works like a contingency fee—that is, the attorney can collect a fee only if he prevails in the appeal at the U.S. Court of Appeals for Veterans Claims.

http://veteransdisabilityinfo.com/resources/what-about-attorney-fees-representation-cavc

Edited by pete992
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ATCJen, I agree with Pete, but there are some advantages to having an attorney when you are about to take on BVA. I hired an attorney myself at that level for two reasons- First, i figured the attorney would know the complicated and ever changing VA laws much better than me, and they do-if you do your research and pick a good one. Second, i elected a BVA videoteleconference hearing, and i also figured that my attorney would know which judges were presiding that day, alot of times the attorneys know the judges and establish a working relationship with them. This shouldn't matter, they should treat you the same, but..Lastly, i researched quite a few BVA decisions, and i noticed a pattern. It seems when you go to BVA represented by an attorney, they are more inclined to-if not grant your claims, at least nit to bend over backwards to deny. Again, that shouldnt matter, the evidence should speak for itself. But i will say this, four years of 100% retro is a nice sum, and I would imagine you will have lawyers fighting over the chance to represent you. It really depends on how long you want to wait, but if you dont mind waiting and the BVA does deny, you will definitely need one. I wish you luck, since you won your 100% on your own i would say you have a good chance!

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Flores, I did the video teleconference myself because my VSO screwed me and my VLJ remanded my claim twice to try to get the local RO to grant my claim but when they refused the third time the BVA VLJ denied my claim so I hired an attorney an filed a claim to CAVC and there it was remanded back to BVA and then BVA granted my claim. VA had already granted me 100% P & T and contacted me and ask me if I was interested in dropping my appeals and I told them no.  I knew that even though I was rated 100% P & T this claim needed to be adjudicated and it could be a decent amount of retro due me. 

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10 hours ago, flores97 said:

ATCJen, I agree with Pete, but there are some advantages to having an attorney when you are about to take on BVA. I hired an attorney myself at that level for two reasons- First, i figured the attorney would know the complicated and ever changing VA laws much better than me, and they do-if you do your research and pick a good one. Second, i elected a BVA videoteleconference hearing, and i also figured that my attorney would know which judges were presiding that day, alot of times the attorneys know the judges and establish a working relationship with them. This shouldn't matter, they should treat you the same, but..Lastly, i researched quite a few BVA decisions, and i noticed a pattern. It seems when you go to BVA represented by an attorney, they are more inclined to-if not grant your claims, at least nit to bend over backwards to deny. Again, that shouldnt matter, the evidence should speak for itself. But i will say this, four years of 100% retro is a nice sum, and I would imagine you will have lawyers fighting over the chance to represent you. It really depends on how long you want to wait, but if you dont mind waiting and the BVA does deny, you will definitely need one. I wish you luck, since you won your 100% on your own i would say you have a good chance!

ABSOLUTELY CORRECT!

The conversations I have with my lawyer have really awakened my knowledge of just how the VA plays their game and the tricks that they pull.  My lawyer also points out several tricks/procedures that they can use to circumvent the VA's procedural methodology in openly trying to deny your claim.  Do NOT for a second, think that the VA has your needs for compensation "in their heart".  THEY could care less.

Hire a good lawyer, after all the VA has their own small army of lawyers and raters who actually work at denying you.  It is only AFTER the VA has been backed into a corner that they will begrudgingly give you your earned benefits, and THEN they will try to short-change you on the effective date hoping you will take the small check and go away.  Do NOT let the VA'turds win!

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Pete992, that is outstanding on the win! It is incredible that it had to be remanded three times? Four? To get the BVA and the RO to do the right thing. I hope you have received or will get every penny of retro coming to you. The reason i think its better to have an attorney at BVA level is time. If we get denied at BVA and appeal, thats adding on years. Also we would still have to hire an attorney to go to CAVC. I was fortunate enough, or am fortunate enough, to have an excellent attorney. I believe its a lot better to get 80% of a nice retro, then 100% of no retro. Of course there are alot of smart veterans that do everything pro se, and are very successful, but i think it generally takes a little longer. jmo

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