AM I BEING BADMOUTHED BY AN ATTORNEY?

[63Charlie]

 

 

The last attorney I had refused to answer or return my phone calls.

She made a decision, without informing me, to withdraw two appeals via her "contact" at the St Petersburg VA Regional Office that I had submitted for hearing loss and tinnitus 

 

I revoked her legal representation.

 

This attorney refuses to waive the legal fees.

I have tried, without success, to obtain new legal representation by other law firms.

Once I send the law firm the letter they request showing where I released my former attorney, usually in a day or two, I get contacted informing me they will not be able to take my appeals.

One attorney told me he was going to call and speak with my former attorney before he took my case.

After their discussion, he declined to represent me.

I have asked other law firms why they refused to take my appeals, and the standard response is, "We are declining representation and by our actions of refusal of representation does not indicate that your appeals are without merit.."

 

 

Edited July 17, 2018 by 63Charlie

[Berta]

Veterans can appeal Legal Fees- I helped a local vet years ago who had been represented twice at the CAVC- and whose lawyers did nothing to help him.

VA was withholding 8 thousand dollars from his retro to pay them.

I found a 5 point criteria that a veteran could use to appeal fees being withheld from their claim.

Since I did all of the work that awarded the claim, I gave a statement ,after expaining how his lawyers did not meet the 5 point criteria, and signed a oath statement...maybe it is still on my PC but it was many years ago---

The veteran had begun to harass me and called me , and emailed me relentlessly  during the process of getting his claim resolved

and sent me the VA letter regarding the withholding , saying I had to do something about it.

And  I did send the rebuttal for the legal fees to VA in his behalf and I never heard from him again so I guess he didnt have to pay them and VA released the 8,000 to him.

You have to act fast to rebutt a legal fee -with evidence.I will try to find those regulations.

The worse part of this situation was that the veteran himself had never really read one of his BVA decisions carefully and could have definitely won years sooner without lawyers.

I learned a lot from this claim- info I needed many years later for one of my own claims- the medical knowldge I gained was priceless-and I also learned to stay in hyperspace-there are angry vets and widows out there looking for help but also looking for targets for their anger.

If I can find that criteria regarding legal fees I will post it here.

 

 

 

They lowballed him- but he was very happy with the decision because he thought his daughter would get Chap 35- I could not make him understand she wouldn't with that award and he needed to file a NOD.I was willing to pursue the legal fee problem but I was done dealing with him at that point.

The veteran had been through alot ,and had been denied many times and I saw right away in his last BVA decision, the way to get him SCed. Still he chose to try to push me around and I dont regret that experience.

 

 

 

 

 

 

 

 

 

 

[Berta]

There are over 300 decisions at the BVA regarding Legal fees in 2017- and 2018 so far and they probably contain the regulations I used, that govern payment of and appealing those fees.

[broncovet]

I think Charlie's "big complaint" is that the attorney would not return calls.  He probably had unrealistic expectations of the attorney.  

People think when represented by an attorney, they can call the attorney once a week, and the attorney will offer advice on what to do when the neighbors dog bites them, or to propose still another entitlement theory.  

People simply dont realize, when they hire an attorney at 20 percent, that this attorney is not their counselor/friend, go to phone friend.  When they need counseling, they can check into a VA clinic and ask for it there.  Many attornies, including Julie Glover, does not do "hand holding".  Neither she, nor others are available to analayze each entitlement theory that pops in our head.  

The reason is simply because they dont make enough money.  Attorney time is billable at "about" 150 per hour, and if your attorney makes 20 percent of your retro on 10,000 dollars, that is 2000 dollars.  This means about 13 hours, if you do the math.    I know it took longer than that, just to read my file..of about 8000 pages.  

      So, my attorneys pretty much do not answer every entitlement hypothesis I present to them.  They are not paid to instruct me in Veterans law.  If I want that, I can go to law school.  

      Once you realize that most attorneys who represent Vets are not exactly making a killing, it helps.  My daughter in law has an advanced degree (MD) and she has at least 200,000 in student loans.  This means she is paying about 2000 per month or so in student loans.  When you subtract that 2000 per month, her salary no longer seems that high.  

      The same with attorneys.  Many will be paying 2000 per month, or more, in student loans.  Rememeber, attorneys only get paid for "billable hours".  Much, if not most of the work they do is "not billable".  For example, when they take the time to read our BVA decision, then call us to discuss our case, this is  not billable hours.  That means, they dont get paid for it.  

       VA law is so "un lucrative" that most attorneys simply wont practice Veterans law.  I spoke with a local lawyer who quit doing Veterans law because it took years for him to get paid, and who wants to wait years?  Remember, too, that Vets lawyers only get paid when successful, and almost none of those win 100 percent of the time.  Its kind of like baseball, if you get a hit 1/3 of the time (.333 batting average) you are doing fantastic.  

      For those who think attorneys make too much, they can go to school for 8 years and become an attorney and find  out for their self.  A few have done just that, like Ben Kraus, and Chris Attig.  

      While I like "lawyer jokes" also, (Why do they bury attornies 6 feet deep?  Because, way down deep, they are nice people), they deserve a good living also.  And, I for one, appreciate attorney's opting to represent Veterans because its much needed and not lucrative at all.  

[63Charlie]

Looks like I'll have to go it alone.

 

Having said this, I have a few questions that I need advice on.

I have been denied service connection for some claims without being given a C&P exam.

I have been denied claims due to inadequate C&P exams.

I filed NODS on the unfavorable decisions.

 

I'm waiting for a DRO decision/hearing.

At what stage should I submit IMOs to back up my appeals?

I was told by an attorney that I should wait until I get to the BVA to submit IMOs because the VA has a nasty habit of rebutting a vet's IMO by getting a new unfavorable  C&P exam..

I'm thinking the more evidence I can provide the VA on my behalf is better, and should be put in front of them before my DRO hearing..

Should I submit the IMOs sooner, rather than later?

 

 

[Berta]

Yes! As long as they conform to the IMO/IME criteria here at hadit- submit them and use a 21-4138 as a cover letter-and get proof that VA has them.

"I was told by an attorney that I should wait until I get to the BVA to submit IMOs because the VA has a nasty habit of rebutting a vet's IMO by getting a new unfavorable  C&P exam."

I disagree completely- why wait for the BVA to get the IMO, and then possibly remand for another C & P exam.

 

 

[Buck52]

63Charlie

if you get a DRO Hearing definitely take it...take any new  evidence you have or submit it, but make copies and take them to the DRO Hearing with you.so you will have it in case the DRO Don't have it.

if you never had a DRO Hearing ..and you happen to draw a fair & friendly DRO  you can sit and talk with this guy/gal face to face  and tell them your story and present your evidence to back up what you say, you can choose to have a formal hearing or Non formal...I choose the Non Formal  for my DRO Hearing... but its what ever you feel comfortable with.

Its much much better and faster to get your claims solved at the R.O, Level  and not have to go to the BVA