Why pay an attorney......

[63Charlie]

........when I'm the one battling the VA from the trenches?

The only thing my attorney has filed with the VA is the letter indicating appointment as my attorney.

So.... I fired him.

[Berta]

Superb advice here from all above.....

I just need to add one thing....  many claims need an IMO/IME to succeed.

With a good  attorney , but without a strong IMO/IME the claim could still definitely fail.

If an attorney themselves recommends the IMO/IME you will know they too would agree with that point.

Also on stressors...if you get a VAMH diagnosis of PTSD, but do not fall into the 2010 PTSD regulation criteria, or you do not have the PH, CAR, or CIB on your DD 214, a lawyer is not an eye witness to the stressor, so no buddy statement from them...that is something you would have to obtain on your own.

Lawyers do not perform miracles.But they can often see things in a claim that the veteran cannot see.In that way they can turn the tide on many claims.

Like Vync they often have paralegals as well,or if not,there is always stacks of claims stuff in their office...

and sometimes vets can get too voluminous with their claim story...too tangential... adding too many extemporaneous statements that have nothing to do with getting closer to the goal....

We had a widow here many years ago and her claim was all about 'poor me' crap.Many pages of that type of stuff without any solid evidence that would support her DIC claim.

I saw that situation here recently as well.... no one at VA has the time to read all that and it hinders the basic points one is trying to make with their claim. Lawyers cant take the time to read that stuff either.

Lawyers- I love lawyers...but they are neither doctors nor your 'buddy',unless they served in your unit- same time and place and witnessed what happened to you as a stressor..and ..the chances of that are pretty slim. You all have more time then they do to track down any type of evidence that will help your claim.

 

[aws2000]

Hey All, I'm at a point where I have a pretty good appeal to a recent DRO De Novo denial. They clearly didn't take into consideration contradictory relavent VA Physc info - anyhow, that said, I have till 12/5 to file a form 9 for VA BVA appeal, but a VSO person told me with the evidence I have - which the DRO should have had - could have the DRO approve TDIU without it going to BVA. I'm not getting any younger so I want to give this attempt the right shot. Should I use an attorney or would it be better to have an IMO prepared with details of missing medical the VA should have considered that show I am unable to find or maintain employment secondary to PTSD?   (2) Sorry, can I get some additional time from the VA to file my form 9 due to seeking an IMO? 

[Tomahawk]

13 hours ago, aws2000 said:

   (2) Sorry, can I get some additional time from the VA to file my form 9 due to seeking an IMO? 

I would file the Form 9.  If you submit additional evidence after that they will review it and may make a decision before it even goes to the BVA.  I filed my Form 9 in 2013.  They were finally submitting it to the BVA in July of this year when they reviewed the C-File and granted me 1 of the 5 items on appeal before sending it.

[aws2000]

I can't thank everyone enough for their suggestions and helping ease my mind on a decision. I believe there was a lot of VA MH records the DRO didn't look at that contradicts the c&p exam for TDIU especially. Putting the attorney to the side for now, should put the form 9 together myself, or get an IMO first to outline the issues in medical terms?  I'm too old for the BVA backlog - so if I go with an IMO are there any recommendations for who to use - or more important who not to use?  Just one more clarification please. If I submit form 9 myself pointing to the excluded medical evidence and it's sent to the BVA by the DRO, if I send an IMO while it's pending at the BVA will that speed up the BVA review?  Or is it better to have the IMO with the form 9 I will have to send by 12/5/16. Sorry if this is confusing cause I'm confusing myself as I'm writing it. It's just IMO does not gurantee success, but if necessary I will borrow the money to get it done to better pinpoint and explain what the DRO missed?

[Tomahawk]

On ‎11‎/‎11‎/‎2016 at 11:21 AM, aws2000 said:

if I send an IMO while it's pending at the BVA will that speed up the BVA review?  Or is it better to have the IMO with the form 9 I will have to send by 12/5/16. Sorry if this is confusing cause I'm confusing myself as I'm writing it. It's just IMO does not gurantee success, but if necessary I will borrow the money to get it done to better pinpoint and explain what the DRO missed?

First of all.  File the Form 9.    You are on a deadline with that.  You don't need an attorney, or an IMO to send in the Form 9 stating you disagree and want the BVA hearing.  Hopefully you are close enough to your regional office that you can hand walk it in to get a time stamped copy for yourself.  If not get it in the mail as soon as possible so you don't miss the deadline.

After that you can get the attorney and/or the IMO.  If you are going to go the attorney route they probably have a preferred company to use for IMOs. 
 

If you are going to just get the IMO yourself you need to make sure you print out the DBQs for the issues you are claiming.  And make sure you have a full copy of your medical records and SMRs for the IMO doctor to you review. 

The IMO will need to state it is "at least as likely as not" service related/caused or aggravated by a current SC disability.  And then it also has to provide reasoning for that statement.   If your IMO does that it is highly likely you will win the appeal. 

 

As far as the VA Backlog goes, you may want to at least reach out to a VSO.  There are ways to get it sped up and they can probably help you with that.   However once you submit the Form 9 it doesn't just automatically get sent to the BVA.    I filed my Form 9 in March of 2013.  The DRO didn't review my file again until July of 2016 to then send my case to the BVA in August 2016.  I had my video hearing November 3rd.  And it is now my understanding that the average wait time after the hearing for the decision to be sent out is about 270 days. 

With that said, before they sent my file to the BVA the DRO did review my file and granted one of the conditions I was contesting.  So if you do get the IMO and send it in they can indeed review it and possible grant your appeal prior to it getting sent to the BVA

[broncovet]

File the I9 timely, or your appeal dies.  Its as simple as that.  When you get the IME/IMO, submit it.

NO matter what, dont miss a VA deadline.  They love to deny us for missing deadlines.  

Wait 366 days to file a NOD, and watch VA deny it.  

If you exceed the time limit on filing the I 9..its also an automatic denial.  I am very frustrated that the VA can take 10 years or more to process your claim, but if you file your NOD one day late, its curtains.    The deck is stacked against the VEteran in soooo many ways.