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

[Guest]

Hello! 

I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. 

It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist

10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST)

12/2015 I had C&P with a civilian provider.

1/2016 I am rated 100% with housebound SMC for this disability alone. 

Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems.

SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. 

My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. 

I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. 

Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did.  

Here is the link to the post that followed me on this journey.

The crazy one is back.  First things first, if you have not already when you move you should file a claim for SSDI (Social Security Disability Insurance). As for filing a CUE claim and seeking an attorney. The best thing I can say is when choosing an attorney you do not have to choose a local attorney. There are attorneys all over that will take your case but as for filing the CUE claim. In your particular situation, your claim is not ripe for filing a CUE claim because it has not been a full year yet and it is just as likely that you can win the same benefits without filing a CUE claim and simply filing a NOD (Notice Of Disagreement).  At the present time it is best to file a NOD and request an EED based on 38 CFR 3.156, 3.159 and any other regulations you can find.  For those of us that been around for a while we have seen DROs do some crazy things, I mean tell a veteran one thing in a hearing and then change their mind when it comes to the paperwork just like my good ole buddy VLJ did me when I finally said that it was time for me to get a law dawg. With Cue claims a veteran can file them at any time but they have to be very specific in VA laws and regulations and the veteran gives up the benefit of doubt factor and the veteran only has one(1) full year to file his/her NOD. Also keep in mind where ever you go hadit.com will be here also. So you will still have help and friends. It may be different now but DROs were known for rubber stamping denials without really reviewing the evidence forcing the veteran to file an appeal to the BVA, so I would say that it is your call. We all have different experiences with both DROs and BVA Decisions just be prepared to fight. I hope you don't mind that I posted another post you made for a little clarity.  I want to make sure that I read that you just recently was awarded your 100% in January 2016. 

 

[flores97]

ATCJen, I would take Pete992s advice about the NOD, and look around for a good experienced attorney that knows VA claims. I have Piemonte Law Firm myself, and they are excellent, but i live in NC. Not sure which state your in, but if you let us know someone might know of a good firm in your area. You can submit your evidence, records, etc to them before you move, and they should still be able to work with you. Good Luck!

[broncovet]

According to the BVA chairmans report, for 2014, claimants represented by an attorney "lose" (get denied) just 13% of the time.  Most VSO's "lose" about 22to 26 percent of the time.  So your odds are much better with an attorney.  Check the BVA chairmans report yourself for more details.  

The only good reason to hire an attorney is that they make you money.   Obviously 80% of something is more than 100% of nothing.  

My opinion is the most difficult aspect of VA law is on effective dates.  The Veterans Benefits Manual has about 50 pages (not including case law).  

CUE, when its included, is even more complex.  I would not recommend you represent yourself UNLESS you do all of the following:

1.  Order a copy of your C file, and read it over, becoming very familiar with it. 

2.  Order a copy of the VBM, Im not sure but they are about 150 to 250 dollars depending on whether you want digital, paper or both.  I have both.  

3,  Be prepared to spend the time and effort to research case law.  I usually spend between 10 to 20 hours per week on studying reading, filing, etc, etc.  

4.  Have great writing skills, and great computer skills.  You should have a printer, a great place to organize documents, be willing to spend some money.  You will need the internet, a working printer, postage, access to post office, (software may save time), such as searchable software, especially if you get your cfile on DVD.  My cfile is 1400 pages, just since 2009 and much bigger now.  

5.  Have great organization skills, extreme patience, and are willing to commit at least 5 years doing all thse things.  You also need a "stable" address where VA can send notices, as if you dont get them, its gonna be even more difficult.  You also will need to read hadit probably at least a few hours per week, just to keep up with VA's constant changes.  

    If you can give yourself an "A" in all 5 categories, above, then you can probably represent yourself.  If you give yourself much less than an A in all 5 categories, an attorney may be a good idea.  

    Even if you perform all the above perfectly, you may not save any money by not hiring an attorney.  Why?

Because often your attorney costs you zero, for one of several possible reasons:

1.  He gets the EAJA to pay all or part of your fees so you have to pay little or nothing. 

2.  You get a pro bono attorney. 

3.  The attorney gets MORE for you than you could get for yourself.  Hypothetical example:

    You think you deserve 2 years retro.  An attorney finds something that he is able to convice the VA is an informal claim OR he finds a document that would count as a 3.156 claim, and he gets you 4 years retr instead.  .  In this example you pay 20% and get 50%.  

     So, in addition to the fact that attorneys are less likely to get denied, when you do get awarded, the retro with an attorney is often more.  

     Let me put it another way:  People who get six figure retro checks ALMOST ALWAYS have an attorney, because those come out of the CAVC.  Generally, the RO and the Board "dont do" six figure retros, they just deny them and make you force the issue by going to the CAVC judges.  

     Dont get me wrong.  Im all about saving money.  Have you ever got a "free" burglar alarm, or something "free" that wound up costing more than if you would have just bought it?  Most people have.  

    There is a reason why people hire attorneys, they do it because it makes them money.  

    To win a large retro check you need top notch representation.  Yes, you can raise your skill level, but, unless you are willing to do that, an attorney is your best bet.  

    If you are homeless, or might be in 5 years, get an attorney.  

    

Edited January 30, 2016 by broncovet

[ATCJen]

@broncovet, Amazing advice, thank you. 

Edited January 31, 2016 by ATCJen

[Vync]

To add on to Broncovet's excellent advice regarding an attorney getting 20% of the retro... It is better to get 80% of something vs. 80% of nothing.