Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

is it better to choose a VSO or lawyer to appeal Claim ?

Rate this question


Paulgraff11

Question

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

  • 0
  • Moderator

That depends.  My take:

If you have a denial at the VARO, then file a nod yourself.  

If you then have a denial at the BVA, hire Chris Attig.  

Reasons:

    To appeal a BVA denial, you have to go to the CAVC. You dont want to go there to a gun fight with a knife, because VA will be represented by a laywer against you.  However, at the BVA, BVA cases are "ex parte" which means the VA wont be represented by a lawyer.  

    Importantly, CAVC usually awards EAJA fees to successful Vets, so a BVA denial is the perfect time to hire an attorney (because EAJA will pay your lawyer fees).  Chris Attig represents me, and I think you would be pleased.  

     Remember, VSO's sign an agreement there job is to help VA, NOT YOU.  (They dont tell you that, they make you think they are here to help YOU).  I dont think you want a representative hired by your opponent at law.  (The VA tries to make us beleive they are on our side..if they were, why would they deny you, and then hire 500 lawyers to defend their denial???

Link to comment
Share on other sites

  • 0

Thanks for the info Do appreciate it this helps me alot 

11 minutes ago, broncovet said:

That depends.  My take:

If you have a denial at the VARO, then file a nod yourself.  

If you then have a denial at the BVA, hire Chris Attig.  

Reasons:

    To appeal a BVA denial, you have to go to the CAVC. You dont want to go there to a gun fight with a knife, because VA will be represented by a laywer against you.  However, at the BVA, BVA cases are "ex parte" which means the VA wont be represented by a lawyer.  

    Importantly, CAVC usually awards EAJA fees to successful Vets, so a BVA denial is the perfect time to hire an attorney (because EAJA will pay your lawyer fees).  Chris Attig represents me, and I think you would be pleased.  

     Remember, VSO's sign an agreement there job is to help VA, NOT YOU.  (They dont tell you that, they make you think they are here to help YOU).  I dont think you want a representative hired by your opponent at law.  (The VA tries to make us beleive they are on our side..if they were, why would they deny you, and then hire 500 lawyers to defend their denial???

Thanks for the info this helps me alot since this process is new to me and trying to get all my ducks in a row and I would not take no for a answer got to keep in the fight sorta speaking Thank you 

Link to comment
Share on other sites

  • 0
  • Moderator

I do like Chris Attig, but, make no mistake:  There are about 25 million Veterans, and a few hundred attorneys who represent Vets.  So, they dont take all cases, you often have to apply to multiple attorneys.  Understand, a attorney who represents you basically lends you quite a bit of money..he will have to pay his salary and his secretraries, plus expenses for a considerable time until you win your case.  

See the pro's here:

https://www.vetadvocates.org/cpages/awards-and-honors

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use