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Berta

Right To Get Lawyers

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http://www.rawstory.com/news/2006/Veterans...orney_1215.html

I got this flash from the NVLSP web site-as a link- but have nothing from either VA media or senate news-

Anyone else got a confirmation out there?

I am sure it is true -and NVLSP confirmed it-

still- this was a voice vote-

Here is a glitch:

"However, the Act did not pass Congress in its original form. As written, the package would have allowed veterans to hire attorneys at any stage of the VA claims process and would have included the initial filing of a claim. In the end, the final draft allows veterans to hire an attorney only after the initial claim is denied by the VA. An attorney can then be hired to file a notice of disagreement and take the claim to the Board of Veterans' Appeals. "

I would hope these lawyers would do more than that-hell -we can file our own NODs for a few bucks in mailing fees--a good lawyer could get the award at the regional level-

we need lawyers who will aggressive present and prosecute our claims and the evidence.

Is the VA going to attempt to determine what the lawyers will do?

I dont like it-

Edited by Berta

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Guest fla_viking

Dear Berta

this is actully good news. IF the VA is going to grant benifits. Then do it the first time aroound. IF not then the vet hires a lawyer and that lawyer will make sure the claim is ready for appeal. The lawyer can catch allot of VA errors from the very begining. With the vet having a lawyer I dont see to many remands for no examinatons or improper exams. A good lawyer is not going to waste there time playing out the VA games on claims.

Terry Higgins

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Yep, it's true and I think it's a good thing.

The change made was to delay the use of attorney untill a denial is recieved. Then an attorney can file your NOD and be involved from that point on.

Actually, more info is needed on my part. I thought I read that a denial must be recieved, but what about a NOD for rating percentage or EED when a claim is granted?

Guess I better research more.

Time

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Berta,

You bring up some good points. At this point you are far more qualified than any general practice attorney to face the almost totally adversarial ex parte VBA system. The ex parte setup is the most basic problem we face. The whole process is totally one-sided and we can't even find out what's happening. This is a classic ex parte setup.

Introducing attorneys early-on removes most of the ex parte curse. Introducing newbie attorneys creates a new problem which is what you're getting at. Right now, we're better at it than they would be!

So, how do we handle it (it being whatever attorney representation turns out to be permitted)?

We'll pay a 20% fee to any attorney. This means we have hired him/her and are their employers. We control.

I've consulted attorneys for years in two areas of law. I do the strategy, they do the legal tactics. I hold them on a leash. I have a federal law enforcement background not that of an attorney. Different attitude and I suggest that we all approach whatever new attorney access along these lines:

1. The hadit.com vets start by doing all the strategy (as we now are).

2. We work with attorneys to learn the practical legal side, compare their approach with our past experience, and WE adjust the strategy to our experienced reality. This becomes the basis for the tactical approach to our claims.

After that, we adjust our approach as the attorneys (and we) learn what the new rules of engagement are.

This comment is neither complete (nor even sage) - haven't fully thought it out yet, and that can take my screwed up mind a bit of time. Lets all cogitate and share.

Ralph

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I think it would be a good idea to have legal representation after the first denial...I know if my claim is Denied at the RO level which it is at now I will need to find a lawyer to help me file at the next level..I have been told that there are not to many lawyers that handle VA Cases..and the ones I have talked to said that they can't take the case until it goes to the appeal level...(still new to all this) ...so this change would be good to those who have no clue to what they are doing (like me) and are at the mercy of Service Organizations in a small town that can't seem to keep one longer then 4 months...I am so glad that the one service rep gave me this web site before she left...it has been a God Send...Thank to all of you...believe me when I say...YOU DO MAKE A DIFFERANCE...the silent warriors...helping those in need.

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