Should we seek legal representation?

[Shawnkatt1]

In February,  2017, my husband had a video conference with a Decision Review Officer out of Huntington,  West Virginia regarding his appeal. 

He's seeking to overturn a Raynaud's denial,  and increase his Fibro rating.

We have a Nexus letter supporting both,  and his C&P clearly states the Raynauds is related to the  fibro, and "was more likely than not,  related to his service in the Gulf War."

He was "represented" by his appointed VA rep,  who is the only choice for our area.  The rep showed up with an empty file folder with my husband's name on it.  I'm a paralegal by trade,  so I had two,  5-inch binders of records that were tabbed and indexed - needless to say,  we felt poorly represented,  but fortunately we were prepared.

The DRO that was to hear the case was out sick.   The hearing was 2 hours late in starting. 

At one point during the hearing, the officer asked my husband "what it would take as far as compensation to make him happy"... naturally he was caught off guard and said he wasn't prepared to put a $$ sign on his disability. 

Is that type of question normally asked during hearings?  

She also indicated she might "require" him to do another C&P exam.  I inquired as to why he would need another C&P, and she really didn't have a solid answer. 

Can they require another C&P? Especially if a prior C&P supported his claim? 

The hearing was bizarre in my opinion - so I wanted to get the transcripts (written,  and the recording).  We sent the proper FOIA forms in,  return receipt of course,  and they were received by the VA in May of 2017. A copy of our request is showing in my husband's file,  but we've received nothing. 

Does anyone have experience with requesting transcripts? Should we have received them by now (6months since requested)?

We've obviously heard nothing about my husbands appeal,  and the only thing the rep has told us is "the Huntington office has put aside all regular disability claims and appeals to focus their attention on those vets that have elected to use RAMP."

We have elected to not use RAMP.

We're considering an attorney at this point,  but I'm not sure what,  if anything,  they could do considering where we are in the process. 

Any suggestions,  and guidance would be greatly appreciated! 

 

[Victor Ray]

ShawnKatt1.

my two cents is to use the search capabilities of the internet, if that’s even trustworthy. Who knows what lawyers will sell you out when they see an easy payday. Everybody I know that has ever been to a leagal hearing before a trial always say, “This is the best we can do, so I would take it.” Immediately, my first thought is you have been had. You were screwed, and the attorney needed a new Porsche or house, or waterfront real estate and you just handed it to him. 

After he gets his cut 20-40%, or what ever he can con you out of because that’s just the beginning. After the other expenses it is closer to 40%, from what I hear anyway, but you are at their mercy. Watch out for the ones that tell you how honest they are, and pray that your gut instincts are keen when you do sign. 

Some of these lawyers are in the Reserves, or retired military officers!?? WTH, is that not a flag??? They are gonna help you against those paying their pension. 

The world and especially the VA is full of liars and cheats. They are disgusting and dirty. Get away from and VSOs, DROs, and look for that Lawyers ratings. Check the ratings, % of VA law they specialize in, and ask everything you can think of, of every one of those that you can, at the free consultation. So many of those take your case over the phone, and you have no idea who they are. I’m sorry for you and your husband, and the VA has lied to me in about every way possible, and I have requested basically the same as you, but they just lie, period. No and, if’s , or buts about it. They lie. I don’t believe for a second the lie about the other DRO scheduled was out sick. That’s almost a given. 

Before you sign anything, demand final say so. He will tell you that if you don’t take the deal you will owe him because he already had a deal cut, and in other words, sold you out. He probably spent his cut already, and you will tick him off if you don’t agree with his quick payday needs. They are there for “number one”, and that’s not your husband. 

Sorry I feel this way, but after 47+ years of complete deception, lies, hiding the evidence, my faith in the VA’s honesty is about 20.2%. The VHA is different. I’m very happy with them, but the VA is crooked, dirty, shameless, and will let your husband suffer from now on. This part of the VA is corrupt. Good luck and I hope you can find an attorney that will fight for you. It as simple as a flip of a coin and your gut instinct. 

Victor ray

[Buck52]

Yes mam  give us the Attorney Name!

some  hadit members that have used Multi -Attorneys  MIGHT be able to give you some Infor??

If your hubby was denied he should have got a SOC and reason he was denied..unless your still in Appeal?

but the DRO should have let you know if she could not make a decision.? and sent you this in the decision letter and instructions and the transcript of the hearing and  as to what to do next....and how long you have to respond after the DRO Hearing. (60 days to fle to the BVA) After the Hearing.

but you need a denial for that.

I's try calling this R.O, Where the DRO was and ask questions.

[Shawnkatt1]

38 minutes ago, Buck52 said:

Yes mam  give us the Attorney Name!

some  hadit members that have used Multi -Attorneys  MIGHT be able to give you some Infor??

If your hubby was denied he should have got a SOC and reason he was denied..unless your still in Appeal?

but the DRO should have let you know if she could not make a decision.? and sent you this in the decision letter and instructions and the transcript of the hearing and  as to what to do next....and how long you have to respond after the DRO Hearing. (60 days to fle to the BVA) After the Hearing.

but you need a denial for that.

I's try calling this R.O, Where the DRO was and ask questions.

It's the Law office of Jan Dils.  They have a WV location as well as a couple of other states too I believe. 

Anyone have any feedback on that group?  We'd certainly appreciate hearing opinions and suggestions. 

No decision on the latest appeal hearing (hearing was January of 2017) yet. 

We have been unable to track down a direct phone number for the Huntington West Virginia office.  And I've tried for MONTHS. 

The only number we've found,  and been given, is the standard VA "help" number,  which is zero help.  

We've called that number countless times, and asked for the Huntington phone number,  and we're told everyone single time "there is no direct line at that location for veteran's to call," and that we just have to call the standard VA assistance line. 

i've asked our rep for a direct line number too,  and he says he "can't give that information out." 

Total BS I know. And SO frustrating. 

[Buck52]

Shawnkatt 1

Besides the 1-800#  For Assistance  have you guys tried the Huntington Field office for your county?

That # for the Huntington Field Office  is

304-399-9395

640 4th Ave  room#142

They are open from 8:30 am-4:30 pm

Not 100% sure this # will help ? but if you guys have never called it  try it see what happens?

Apparently,  WV has county field offices in that state for Veterans.

Edited November 12, 2018 by Buck52

[Shawnkatt1]

Thank you for that number Buck52!

Calling them this morning!! 

[Berta]

Have you requested a Copy of the actual favorable C & P exam?

Have you posted the denial here yet as to their reason and bases and the Evidence list?

The VA tried to ovelook a posthumous report that was done at VA Central due to my husband's death- by VA.

The cardio doctor at VA Central was also an expert in HBP and had tied the HBP into her report as one of "multiple deviations" from proper VA health care.

They denied March 2015, and did list the VACO report as evidence.

The denial was ridiculous and not based on a single medical fact. I filed CUE on the immediately and the award came in April 2015. They are stalling on sending me the actual C & P. Even though the claim was awarded I want to use this as evidence , along with the other ridicuous C & P exams I overcame- for the past 20 years-

to make a BIG stink. 

Vets have got to start fighting back over these lousy C & P exams, by letting the WH Hot line, the Acountability Office, and Congress ( HVAC) know what they have to put up- which often takes a costly IMO/IME from a real doctor ,to properly resolve the claim.

 

 

 

 

 

 

 

Edited November 12, 2018 by Berta