ptsd EED NOD: WHAT CAN A LAWYER DO FOR ME?

[ATCJen]

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 January 28, 2016 by ATCJen

[justrluk]

So, after reading the responses I'm a little fuzzy: would y'all recommend filing the NOD for EED then seeing what happens, or hire the lawyer and have him or her file it for me? I've looked through the BVA decisions and found successful cases granting EEDs, copied the VA language and applied to my particular claim. I'm waiting to send it in as I consider the discussion in this topic.

[Guest]

The crazy one here, as for me, I have a degree in administration and I read VA regulations a lot.  One of my problem is that my medication will send my brain into fantasy land and it is very hard for me to focus and concentrate on anything but there are times when I can sit down and get to business.  Of course this particular claim was building and I felt that I had nothing to lose.  After my video conference I felt that I would win a lot sooner but I never expected VA to deny the claim on remand then the second time I got really irritated when the BVA VLJ denied my claim I was more than livid. Man you know the old Flintstone cartoon where you see steam and smoke coming out of Fred's head, that was me.  But I realized that I had to do something positive with that anger so I hired an attorney.   

2 hours ago, justrluk said:

So, after reading the responses I'm a little fuzzy: would y'all recommend filing the NOD for EED then seeing what happens, or hire the lawyer and have him or her file it for me? I've looked through the BVA decisions and found successful cases granting EEDs, copied the VA language and applied to my particular claim. I'm waiting to send it in as I consider the discussion in this topic.

Justrluk, IMHO that is totally up to you.  One of the things that really p*ssed me off is during this time I informed VA that I was having financial problems.  I can't say that they (VA) deliberately overlooked my evidence or ignored it but I sent them everything and they would not help even after my VA doctor told me to quit my job. I felt that I knew enough to get the benefits that I qualified for due to that fact that I knew I would be starting all over again in life with nothing so the retro was/is desperately needed.  Keep in mind that VA will not roll over easy and you have to be prepared to fight.

[flores97]

Justrluk, I agree with Pete, it is up to you. I would think it depends on how much retro you have at stake. If there is a good amount, of course the attorney is going to fight tooth and nail to get it for you so they will get paid as well. If it is for a lesser amount I would go as far as possible on my own before hiring an attorney at CAVC.  

[ATCJen]

@flores97 @HorizontalMike @pete992 Thank you for the input. in your experiences, do you all think opting for the DRO route still supports the decision to hire a lawyer? Its what I am considering over the traditional appellate review process. For some reason I feel it will be "easier" that way in my circumstance. Maybe I'm wrong. Help me figure it out, please?

Here's my "circumstance": My husband is active duty and we will be PCSing to god-knows-where in about a month and a half. It's either WA, CA, or VA. He's an aviator and they get orders at the last imaginable minute. I know I have to update my addresses with both the benefits and medical sides of the VA as soon as I move. I also know I have to register at the new VAMC. What I don't know is what this will mean for this appeal. Does it mean anything at all? Will it just "transfer" to the new VARO once I'm in the new system? Should these circumstances affect my decision to choose a DRO? 

[HorizontalMike]

2 hours ago, ATCJen said:

@flores97 @HorizontalMike @pete992 Thank you for the input. in your experiences, do you all think opting for the DRO route still supports the decision to hire a lawyer? Its what I am considering over the traditional appellate review process. For some reason I feel it will be "easier" that way in my circumstance. Maybe I'm wrong. Help me figure it out, please?

Here's my "circumstance": My husband is active duty and we will be PCSing to god-knows-where in about a month and a half. It's either WA, CA, or VA. He's an aviator and they get orders at the last imaginable minute. I know I have to update my addresses with both the benefits and medical sides of the VA as soon as I move. I also know I have to register at the new VAMC. What I don't know is what this will mean for this appeal. Does it mean anything at all? Will it just "transfer" to the new VARO once I'm in the new system? Should these circumstances affect my decision to choose a DRO? 

Absolutely!  When my appeal went to DRO last July 2015, my lawyer talked the DRO into doing an "informal" hearing (kind of like a remand to the medical raters).  This like getting two DRO hearings at the price of one, IMO.  PLUS, my lawyer was able to steer the questions that he wanted the rater(s) to revisit, since they missed valid points/concerns on their first "opinion."  I would never have thought about doing such, but the lawyer has been there, done that, many times before (and possibly with this very DRO).  FWIW, my lawyer will end up with ~$16-$18,000 of my retro, once the effective date is corrected.  Money well spent, especially since my lawyer has a sizable dog-in-the-fight, so to speak.

RE the transfer:  Can't help you there, as I do not know.

Edited January 29, 2016 by HorizontalMike

[flores97]

Yes, well said Horizontal Mike! ATC Jen, i would definitely hire an attorney in your situation. The only trouble at the moment is, you will be moving and your not certain where that will be. I am not certain about CUE standards, but your RO may have done just that when they received correspondence from you unopened and closed your case. I would contact a knowledgeable attorney and speak to them about your situation. Tell them you will be moving soon and im certain they can give you good advice on fastest route for your claim. If it is a CUE, that should be faster than filing a NOD, but if it is not, you dont want to miss that deadline. I hope this helps, and wish you success!