With the Lawyer or without?

[penmar]

Okay, received a notice that the personal hearing that I requested to appeal my TDIU claim denial has been set for October 3. I appointed Jan Dil law firm in February of this year, they were sent the notice and I emailed my notice to them. They called and want to reschedule because they have not received my military packet from VA yet.  I told them that I do not want to reschedule and wait another year for a new date. They said I could attend the hearing but they would have to withdraw as attorney. So my question to all of you is this, "Do I attend the hearing and bring in the witness's that I have along with my statements from my shrink and counselor and let the attorney go or reschedule?"  

[Buck52]

You can Attend the Hearing and take any evidence that will help substantiate your claim and yes witness and lay statements.

That's what I would do.  other members may think different?

However I am not sure what the attorney needed the  military packet for?unless they need to know the reason and bases of your denial? or this packet contains your C--File? & needing evidence in your C-FILE?

if you go to the Hearing and  the DRO is favorable to you and you get the decision you want   yes fire the attorney  but you may need to keep them for a while if things go south at your Hearing?

 

[vern2]

IMHO, fire the attorney. Let me see if I have this correct. Waiting a year for DRO hearing, and when you finally get notified, your attorney runs up the red flag saying they do not have you C-file from VA. Do as Buck suggests, go and take notes. Your attorney is useless, IMHO.

[Gastone]

Is this for a DRO Hearing? If you think you've got it covered, no possible chance of a DRO Denial, lose the Attorney, just be sure to get his withdrawal in WRITING. Be sure he waives (in writing) any claim to your Retro $$ if you're successful.

We're talking about an IU Appeal, you either are or aren't IU, your complete C-File has little to do with the DRO's Decision. This is a DE NOVO Hearing and will come down to how persuading your Post Denial New & Material Evidence was and is.

Any chance you could post redacted copies of the Rater's IU Denial and your Post Denial N & M Evidence that you have submitted and believe will support your  IU Claim.

[Buck52]

Anything can happen at a DRO Hearing  first off you want to hit it off good with the DRO  Have things in common  ect,,ect,,  

I've seen Veterans with tons & tons of probative & excellent evidence  and  his/her claim cut in stone favorable to the Veteran  and still be denied...

Look what happen to member  Navyforlife  She had a DRO Hearing scheduled & went to it on time and had boo-coos of evidence   just to find her DRO went on Vacation and had another DRO that was not familiar with her case  and that  he could not render her a Decision.....cost her extra 6 months but she finally got everything she had claims on...left Texas and went to Florida  can't say I blame her...

 

[porgee]

11 hours ago, penmar said:

Okay, received a notice that the personal hearing that I requested to appeal my TDIU claim denial has been set for October 3. I appointed Jan Dil law firm in February of this year, they were sent the notice and I emailed my notice to them. They called and want to reschedule because they have not received my military packet from VA yet.  I told them that I do not want to reschedule and wait another year for a new date. They said I could attend the hearing but they would have to withdraw as attorney. So my question to all of you is this, "Do I attend the hearing and bring in the witness's that I have along with my statements from my shrink and counselor and let the attorney go or reschedule?"  

If you have an attorney you best to take his advice, because most attorney wont 

go to a hearing ,because they work on the evidence & and your attorney doesn't have your c-file

how can he prove anything????

[penmar]

If they don't have the necessary information by now what makes me think they will ever have it? After all of the post, I think I will take my chance and see where the chips fall. My shrink , who is ex-SSDI says that I really need to NOT work and my social worker both say the same thing what am I to do? Well as all of us have decided to take the chance, I am going to see what happens. I just hope that my mental condition keeps me going forward and not back into the "I don't really give a xxxx and hope everyone dies" nature.