ptsd C & P Docs

[Berta]

If we get the right to choose to have a lawyer (S 2694) from pending legislation in Congress-for VA claims-

wouldn't a good lawyer find that VA- paid C & P doctors are in a conflict of interest when they perform a C & P?

Although many C & Ps are fair and impartial- some of them- in my opinion- reveal down right negligence because they are so far off the mark.

If a C & P doctor misrepresents a disabilty as to it's disabling degree ,I consider that to be medical error.

Then again- lawyers-----

I have a very good friend who is a lawyer and asked me to help him with his VA claim.

He doesn't want comp -he is just hoping to get some help with his medication costs.

His claim is for heart disease due to service-

Vietnam Vet, 2 PHs, Vietnam service-

He gave me only a few SMrs because he did not understand the significance of them.I could not find anything yet in them to help the heart claim-

Also he gets private PTSD therapy but doesn't want the VA or anyone to know he has PTSD.

The PHs would give him 50% I am sure-and he told me of a major additional stressor and this would give him some med cost help I think-not sure-he did not want to pursue PTSD claim at all-

However-my point is - he is a great lawyer-civil and criminal-

But it took me quite some time to explain to him a little bit of VA claims 101-

If we do get the right to have lawyers-it might take them time to get up on he VA claims process-

I imagine that some will specialize in VA claims and advertise on this basis right away.

I wonder if those who handle CAVC cases will also be able to represent vets at the VARO level.

And I sure would hope that if we get the right to hire lawyers, they will recognize the arbitrary and capricious way our claims are often handled.

VA is the Judge, and the Jury.

They "weigh" evidence on their own scale.If they even read it at all.

I cannot imagine a good lawyer putting up with some of their tactics.

[Bound4heaven]

You are on the mark Berta, God bless and Merry Christmas

Bound4Heaven

[kkp]

Berta I agree it would take lawyers awhile to handle va cases.

I bought some furnisher in July of 2005. I wrote a check for $5600.00, and the furniture was suppose to be delivered in three weeks. After weekly calls for three months, I finally turned it over to a Lawyer. In the suit I made him include mental anguish. He said we were waisting our time because the wu supreme had ruled on a case not long ago that it would be hard to proove. He relunctantly included it in the suit. At my deposintion from their lawyer they also said this wouldn't fly. I insisted it would because I suffered from ptsd, and it worsened my condition. They wanted to settle by giving My money back. I told them to stick it where the sun didnt shine, and demanded a trial by jury.

Neither My Lawyer or the Big law firm that handled the furniture companies side had ever heard of ptsd. I guantee when I threw my file on the table it got some attention. It took a year from the time of purchase to a court date. Up to this point they had only used a jr. Lawyer in their defense, but I'm here to tell you on trial day they bought their big guns out. Three in fact, My Wife was really nervous and so was My Lawyer, but I just set there and grin at them. I wanted a trial by jury because thats the only way I could claim punitive damages, And brother did I have a number ready for them when it got to that point.

Just before jury selection began their Lawyer requested a delay, and the Judge agreed to allow it. Within a few days they made us an offer, but by this time I wanted the fight. The offer they made was a tidy sum.,and My Lawyer wanted to take it. Needless to say I was irate. Because I knew I was going to win this case and I wanted punitive damages.

After a few days when I could think straight again I realized How much this was affecting My Wife and decided to take the settlment.

I guess My point is I agree It would take Lawyers awhile but they would educate themselves in va law after a while especially when they started seeing the dollar signs. And by the way if it does become law and I need a Lawyer. I would go to my opposing council as I am sure they have a head start on ptsd (at least)HEE HEE.

KKP

[Berta]

VERY interesting-I can relate to that-

I could not find a lawyer in the 1990s who believed in my wrongful death-VA case.

So I pursued it myself.

I didnt have to share any of it with any lawyer when I settled.He He.

When the local legal community found out some lawyers came up to me in the local law library to congrat me-even the DAV lawyer did too (when I sued my NSO)and told me to get a law license and join the bar.I think anyone who can pass the bar exam can practice law in NY without attending law school-

I love lawyers but sometimes they do not really see the point of some legal actions.

Long ago- I saw a man on TV who had filed a racial discrimination suit against his employer. No lawyer would help him. He studied the laws himself-

and he won. That man inspired me.

We won the first ADA case in NY without a lawyer and also a large retro from SSA which a SSA lawyer refused to handle as he saw no merit in it.

I got an illegal ticket once and went to traffic court and had evidence to show that the police department had discriminated against me.

When the bailiff asked how I pled I rattled off all this and said I was not guilty.

It was so funny- a bunch of lawyers in the front row suddenly all turned around and looked at me in astonishment-

A cop came over to me and asked me to follow him out of the court room.

He showed my evidence to another bunch of cops and then they went to see the Chief.

5 minutes later he came back and said the ticket had been destroyed.

We would still have to be cautious in hiring a lawyer to represent us with a VA claim.

[kkp]

I don't doubt a thing you've said.

I have fought two major battles, one with ssa, and one with workers comp. I hired a lawyer who filed my legal stuff but in all honesty I did all the leg work. I won both.

Proably the worst thing the va can do is low ball a vet. I know some dont have the resources, in various ways. But some old crippled up vets that still have their minds can be more lethal to the va than a Squad of Green Berets were to charlie.

GO TEAM

KKP

[Philip Rogers]

If we get the right to choose to have a lawyer (S 2694) from pending legislation in Congress-for VA claims-

wouldn't a good lawyer find that VA- paid C & P doctors are in a conflict of interest when they perform a C & P?

Although many C & Ps are fair and impartial- some of them- in my opinion- reveal down right negligence because they are so far off the mark.

If a C & P doctor misrepresents a disabilty as to it's disabling degree ,I consider that to be medical error.

Then again- lawyers-----

I have a very good friend who is a lawyer and asked me to help him with his VA claim.

He doesn't want comp -he is just hoping to get some help with his medication costs.

His claim is for heart disease due to service-

Vietnam Vet, 2 PHs, Vietnam service-

He gave me only a few SMrs because he did not understand the significance of them.I could not find anything yet in them to help the heart claim-

Also he gets private PTSD therapy but doesn't want the VA or anyone to know he has PTSD.

The PHs would give him 50% I am sure-and he told me of a major additional stressor and this would give him some med cost help I think-not sure-he did not want to pursue PTSD claim at all-

However-my point is - he is a great lawyer-civil and criminal-

But it took me quite some time to explain to him a little bit of VA claims 101-

If we do get the right to have lawyers-it might take them time to get up on he VA claims process-

I imagine that some will specialize in VA claims and advertise on this basis right away.

I wonder if those who handle CAVC cases will also be able to represent vets at the VARO level.

And I sure would hope that if we get the right to hire lawyers, they will recognize the arbitrary and capricious way our claims are often handled.

VA is the Judge, and the Jury.

They "weigh" evidence on their own scale.If they even read it at all.

I cannot imagine a good lawyer putting up with some of their tactics.

You wrote - "The PHs would give him 50% I am sure"

Where do you get this? Is it based on his physical injuries? Or due to the psychological trauma? And if the psychological trauma, where does that equate to percentage awarded? The PH's confirm the stressor but in no way equate to how the PTSD effects his daily life. Please explain.

pr

[john999]

Berta

I think that a good lawyer who would do claims for vets in the case of dealing with C&P doctors would have his own doctors he uses to refute the results of C&P exams. This is what workers compensation and SSA lawyers do. The State or SSA has their prostitute doctors who grind out opinions and the lawyers have their expert doctors who know how to write reports. Hopefully, vets will find lawyers who are able to fight bad C&P exams with their own experts.

I would like to find a lawyer who could represent or advise me on CUE. I would pay just to know if I have a good case worth fighting about for the next 2-5 years. I feel quite certain my CUE will be denied at the RO level but that is where I had to file it. If I could find a lawyer to help me craft a really good appeal to the BVA that would be excellent. This is a CUE that goes back more than 30 years. Just getting it bumped up from 10 to 30 percent would be a nice chunk of money. It may be wishful thinking but you don't know until you try. I could file the generic NOD and the lawyer could take it from there if it was worth it.