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jessejames

"attorneys For Veterans" Law May Be Overturned

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http://www.vawatchdog.org/07/nf07/nfJAN07/nf010407-10.htm

"ATTORNEYS FOR VETERANS" LAW MAY BE OVERTURNED

BY NEW CONGRESS -- Legal advocacy group claims

backroom deal will allow legislation to "be introduced

in the next session to repeal that portion of S-3421

that would permit attorney representation."

The information comes from a Bulletin-by-Fax newsletter from the Workers Injury Law & advocacy Group (WILG). Their web site is here...

http://www.wilg.org/index.asp

It seems there was a backroom deal in the 109th Congress to pass the "Attorneys for Veterans" legislation, then have that law repealed by passing a new law in the 110th Congress.

It should be noted that the two biggest foes of this legislation are the DAV and VFW. If this legislation is overturned and veterans are not allowed to use attorneys in the VA claims process, we have those two organizations to thank.

Background on the legislation here...

http://www.vawatchdog.org/nfDEC06/nf121006-1.htm

Information from WILG is below:

---------------

Dear WILG Member,

Note: There is a very unusual background situation that has been going on on Capitol Hill regarding the Veterans' "bill" S-3421, signed into law by the President less than a week ago. (WILG will be providing you with more information on these unusual developments, as we review the unfolding events and deals.)

It is our understanding that there may have been some sort of quiet "back corridors" agreement reached between the two major Parties in order that the overall bill concerned (S-3421) would be allowed to pass earlier this month ... subject to a rare, but agreed-upon back-room "deal" for future introduction of a new bill to then repeal the Veterans' representation portion of the new law...all of this done so as not to hold up other provisions of the bill, in the last-minute scramble for passage of various pre-Holidays bills.

This type of relatively rare, "we-agree-to-enact, but-then-introduce-another-bill-to-repeal-a-portion of-the-new law" is not the way business is normally done in Congress. Nor is it "open and honest government."

We will have our work cut out for us, to help many justice groups --and the American public--see an impending travesty of justice for our country's returning Veterans. Many of them simply cannot capably represent themselves, as they suffer injuries, disabilities, or lack of understanding...which the Federal government can too often take advantage of, via dismissal of their claims and regardless of their merit.

(See the below for additional information from the Chair of WILG's Veterans' Law Committee of WILG.)

Randall Scott, for WILG -in Washington, DC

"I have learned that the attorney fee provision contained in S-3421 could be repealed during the next Congressional session. It is my understanding that S-3421 went through the Senate on unanimous consent. Before it passed, one Senator had placed a hold on the bill, which means that the bill would not have been passed without that Senator lifting his hold on the bill.

Apparently, this Senator objected to the attorney fee provision contained in the bill. My under-standing is that the Senator lifted the hold with the understanding that a new bill would be introduced in the next [Congressional] Session to repeal the portion of S-3421 that would permit attorney representation at the NOD stage.

Since the attorney fee portion of the bill will not be effective for 180 days after the date of enactment, I expect a bill will be introduced immediately in the new Session to repeal it.

Therefore, I think we need to be prepared to defend the right of veterans to hire counsel to represent them in their claims before the VA, in the Senate and the House of Representatives.

WILG Members should be prepared to have their clients write to their respective Representatives in support of S-3421, if and when a bill is introduced to repeal the attorney-fee provisions."

WILG's thanks go to Robert V. Chisholm, Esq. (RI) for his superb work & tracking of a new "law."

---------------

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I have already contacted my Representative and both my Senators about this crap! This sends a very clear message to the veteran; "we will support you all the way while you're a "troop" but once you become a veteran, you can go to he::"

We need to get on top of this and contact our politicians and let them know we will not let this go down without a fight. Now is a good time as any as a lot of them are listening to their constituants as they showed so poorly in the poles lately.

This really frosts my butt. We have been treated like second-class citizens for how long now, the Civil War??? Contacting our congressional critters is easy, just Google their names, go to their web sites and there usually is a "contact" tab where you can e-mail them. You don't need to have a college degree in literature, just tell them if they shoot this down, you won't vote for them in the next election.

A REALLY MAD jaz

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hello,

i'm new to the forum. i'm a disabled vet and have a non-service connected rating. if you will allow me, i would like to tell my story, but i promise an easter egg at the end.

i've been in a battle for over 10 years in appeal with the va for service connected disability. i didn't have an attorney, but i was represented by the dav, which by the way is opposed to the attorneys collecting fees for helping you fill out your paperwork.

that said, the dav represented me all the way to the veteran board of appeals, where once again i was denied service connected disability. the dav told me that they had gone as far as they could go with me and that i had to face the u.s. court of appeals for veteran claims by myself or find an attorney.

needless to say, i was forlorn. i began to research my psychiatric disability and prepare a case. i was in a va rep's office one day trying to get the va to help my mother afford assisted living care. i happened to mention my predicament. we discussed it for a while and after he found out that i had gone as far as the vba he told me of an attorney who might represent me. he made a copy of his card and gave it to me.

i was represented at the u.s. court and the court has since remanded the case back to the vba. when i received my copy of the brief to the u.s. court of appeals for veterans claims i knew i had the case won. i, rather my attorney, have been waiting for the vba to issue a hearing date.

the attorney's name is mark r. lippman. he has a 98% success rate in representing veterans. i must warn you that he doesn't take on all cases. i had to send him my vba rejection for review. after he reviewed it he sent me a letter and a stack of forms to fill out and told me that my case had merit. that was music to my ears. he told me that his fee was 20% of what he recovered from the va. now that's better than the 50% other attorneys with less experience and success charge.

here's the easter egg i promised.

mark r. lippman

8070 la jolla shores drive #437

la jolla, ca 92037

858-456-5840

888-811-0523

fax - 858-456-5855

http://www.veteranslaw.com/

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I certainly hope you win your case.

The CAVC does sometimes overturn BVA decisions.It all depends on the evidence.

Hiring attorneys means the buyer should be aware.

There are many attorneys who were never in VA case law situations before but are representing vets due to the new Attorney regs ( filing NOD after June 20, 2007)

Others ( his name is familiar and his cases are at the CAVC- I just read a fairly recent remand he got for a widow and an award for a PTSD vet) have a track record at the BVA and the CAVC.

Good luck with your case.

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There ain't no easter eggs. There ain't no easter bunny or Santa Clause. Every thing has its price even the eggs. Good luck with the DAV.

Berta,

Bills claim, my father inlaw WW2 and korean vet with 30% army retirement, was denied with his representation of the PVA POA. We have a few days to file a NOD. Do you know if the repeal of Our Vets Lawyers law will resend claims that are already in process after JUNE 20, 2007?

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