Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • 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

  • 0
Sign in to follow this  

Thoughts on maybe dismissing my attorney, feedback appreciated


Hello everyone,

I've been somewhat more vocal these last couple weeks as everything seems to be coming to fruition, or elaborately xxxxxx...Unfortunately, i dont knwo enough about the va to offer any advice so here i am coming to take...hahaa

Seriously though, I knew the fee associated with legal representation. I was also well aware I'd be lucky if the attorney actually worked a quarter of what he was being compensated and was willing to sacrifice the pawn and kill a king back then. However, while for the better part of 5 years he's been able to offload responsibility to the VA for lack of response - the more research of my own i do, the less it appears he's even done than most of the shittier lawyers i've seen complained about. One of the biggest things that kills me is he should always be the more informed party between me and him about this type of stuff...And, i'd say he's uninformed or clueless more than 50% of the time he gives me reason for one thing or another.

I had caught my first felony at the end of 2016 for heroin possesion. I didnt talk to him much up till around spring time this year because it wasn't my top priority and i had to do a few months of county jail...Anyway, i initially  contacted upon release to see how everything was going. And he's more or less despondent. When i ask if my drug addiction/legal trouble could be used to strengthen my cause he told me no...on the contrary, felons aren't normally well received with favorable reviews - and that drug addicts are even less likely to get anything because the board "would hate to give someone so irresponsible a hunk of tax-payer money to buy drugs with." I was obviously crushed, and had yet to come to understand my lawyer often speaks without reason or knowledge. He then reassured me not to worry, he wouldn't drop me as a client since ive been with him for quite some time but that "he doesnt know of an attorney that would represent me" given those factors. Just to highlight the nature of my relationship with him.

I told him tdiu is really just not a goal of mine anymore since i had filled a decade ago and my conditions had only worsened and that P&T was really the only end game for me. When i asked if if the drug addiction could be used to highlight the 8 years out of the corps i was clean and sober until i snapped he said "if we get you in front of a board - you might find a judge that willing to hear it that way." Where does this guy actually come in if he can't even use a little courtroom rhetoric to help advocate my case? I personally filed the NOD by spending 20 hours in the law library chasing each component listed for denial to rebute, although that was prior to having him...and really come to think of it don't know one real contribution he's made to this effort.

Now, i wish i saved the post where one guy was complaining, thinking about changing lawyers for like 6th time and a hadit member and attorney just ripped him in half as a pariah on hard working people...naturally, the last part caught my eye and this guy went on about how lawyers for claims generally go out of their pocket for private doctors, and experts that can support this or that, and that for clients with little hopes of making any substantial money often run at a deficit. He is an attorney, and i've never met an honest or charitable one - so maybe they're more realistically doing whatever best helps facilitate their investment. If my attorney did just that, made sure he saw a return on his "investment" which i guess is very little, i'd be more than happy with that. But, I'm really just struggling a reason to keep him employed with me. I'm not a bad guy, or one who goes back on his word...And even if i find he's been pretty much dead weight i've carried wont cherish giving him his pink slip.

I dont know guys...I'm allegedly in the works(aren't we all") for a six figure award...bringing my side kick there roughly $30,000 give or take some. What would you guys do here? How could i approach exactly what contribution he's made thus far. Or perhaps tell him fee or no fee he's in it for the long haul, and if he cant lawyer up a way to solidify my P&T then *Insert some legal ramification" and if not applicable, and i have no way to entice his hardest effort than i likely have to walk...

Thank you all, and I'm praying the forum member esquire who i mentioned comes across this. I need a counterweight here.

Share this post

Link to post
Share on other sites

Recommended Posts

  • 0

OH MY GOD GUYS!!!!!! .....Checked Ebenefits just now to see if there was follow up to IRIS.....thought id check the AB8 out for the hell of it. I SHIT YOU NOT ITS ALREADY UPDATED!!!!!!! I cant believe it!!!!!

I'm taking 5% of the would be attorneys fee and donating to this website, and your service. Thank you all for just being veterans, having the grace, integrity, and determination to get to the bottom of whatever shit is thrown in front of you! From murder alley in downtown Fallujah, to some corner of the Vietnamese jungle. You guys and your community provided light in a period of shade, information in a time of silence.....please continue what you're doing. When backpay arrives, i'll pay it forward best i can - god bless the idiot attorney!  


Share this post

Link to post
Share on other sites
  • 0
5 minutes ago, Axilleas said:

Checked Ebenefits just now to see if there was follow up to IRIS.....thought id check the AB8 out for the hell of it. I SHIT YOU NOT ITS ALREADY UPDATED!!!!!!! I cant believe it!!!!

congrats to you..


Share this post

Link to post
Share on other sites
  • 0

Thank you Geeky...you guys think it's premature to withdraw the appeal that never should have been? Without the tdiu as a source of contention the other issues are not something worth (in my opinion) going all the way to the bva for. My back injuries and tbi from a few ied's have only gotten worse, with years(last three specifically) of va documentation stating such. I'm currently at a VA domiciliary where the doctors agreed the drug addiction was a coping mechanism after years of struggle....Point is i have far more evidence to support a more thorough and comprehensive claim a RO would probably grant and save me the grief. Since i cant introduce new evidence at bva....I'm thinking it's time to pull the plug on this


*** just saw my identity avatar. I was def. affiliated with the navy, but i was a corporal of marines. not an E3 seaman.....*****

Edited by Axilleas

Share this post

Link to post
Share on other sites
  • 0
8 minutes ago, Axilleas said:

you guys think it's premature to withdraw the appeal that never should have been?

hopefully one of the elders like berta or asknod or buck52 will chime in on this question. I only know that there can be negative consequences down the road with appeals that were withdrawn.

I see it in many of the decisions I have been reading about my own claims. The vet will have withdrawn an appeal or claim and then a few years later they are trying to get the BVA or Court to decide on some part of that same issue.

just as a question, this

13 minutes ago, Axilleas said:

evidence to support a more thorough and comprehensive claim a RO would probably grant

tied up with the appeal information? if it is not related, then they "should" not affect each other.

I suspect the existing appeal will be denied or declared moot relatively soon, since if I remember correctly it was about the TDIU award your lawyer didn't tell you had been awarded. If I am not mistaken they may also send you a letter telling you it is moot and asking you to withdraw it. The elders can chime in here too.

17 minutes ago, Axilleas said:

*** just saw my identity avatar. I was def. affiliated with the navy, but i was a corporal of marines. not an E3 seaman.....*****

one, the marines belong to the navy...hehehehehe... and two, the rank there is a measure of your experience and involvement on Hadit, not your military rank. I am old Navy Chief and here I am a lowly E5 right now..lol

you can go to your profile and add your actual rank in the comments section.


Share this post

Link to post
Share on other sites
  • 0

hahahha...right on geeky. Well, what i thought was since no new evidence can be submitted the argument i'd be presenting is dated - and not reflective, What i basically want is P&T at this point moving forward. 9 years ago when i filed this i thought it would just support me while i got my shit together and became at peace with everything...I didnt go to college to basically call it quits in terms of increasing my worth, financially and metaphorically.

 i feel the war has done enough damage that i'll probably never be a traditionally functioning employee...but, like college - i adapted to my discomfort and compromises to come out on top. Had it been a mandatory 9-5 gig i would have likely never been able to do it. Permanent TDIU is a blessing and a proud benefit America can offer those who've been "altered" by totally bullshit wars we find ourselves in, hopefully more for wars we needed to secure our sovereignty - just not in my case. But, TDIU absolutely caps your life and growth as an enterprising american. 

That said, while its certainly welcomed - i need to do everything i can to switch gears and go in for the kill. The issues you said might be moot are probably just that. They are significant enough, but in the scope of everything i completely plummeted from over the last 2.5 years and the further treatment leave the issues in queue not even 25%of the potential weight of a cumulative submission. Between my lower back being almost worthless at times to the increasing cognitive lapses and memory deficits, not to mention a somewhat awkward problematic area calling my "young man" to attention, and the secondary conditions of drug addiction verified or supported by VA doctors....It'd seem foolish going through with what's currently waiting in a very very long line.

I wonder if it'd be possible to nullify the appeal since the concerning party (myself) was totally unaware of the primary issue award granted? Would that let me slip out of line a little less suspiciously if thats a possible concern?  

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
        • Thanks
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:

      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis

      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.

      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 


      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.


      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines