Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

Berta

Right To Get Lawyers

Recommended Posts

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

Share this post


Link to post
Share on other sites

Ad

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines