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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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Berta

Lawyers

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Men and women-I dont think lawyers will give a hoot if they find that the VA violates the VCAA or any DTA regs, etc.

I think that veterans have to keep in mind that the focus of most of a lawyer's life is Evidence-

We had a VCAA question in Research topic this AM-

and I made a point that I think lawyers will make too----

I say this because I have worked for lawyers-

If the VA fails to get private med recs, or SSA records, or does anything that seems to go against the VCAA as far as what they will obtain-I believe a good lawyer will tell the vet to get this evidence themselves-maybe even before the VCAA letter comes -since they are denying claims before sending the vet one anyhow.

We all can certainly be able to tell a lawyer many renditions of how the VA goes against its own regs- but still the lawyer will only want one thing- evidence-

evidence of current disability and treatment records of same-

and evidence of the nexus to service-

and it still may well boil down to a vet with a lawyer getting a good IMO.

If the VA breaks the handling and application of evidentiary regs-a good lawyer wil know how to overcome that-maybe with the regs themselves-

but I believe that a good lawyer will want the veteran to take responsibility over what the VA says they need and says they will get.

It took me and my husband months and months to realise that the VA said they had sent his authorization form to the SSA but they never did.

We were believing their letters regarding their many attempts to get these records critical to his PTSD claim.

We even believed their response to 2 Senators and to our Congressman-that SSA had refused to send them to the VA-

Finally one phone call I made to SSA main office in Baltimore- after geting to the right person-

proved that the VA had been lying about all of their attempts-

the SSA had no requests or communications at all from the VA regarding Rod's records and we obtained them ourselves very quickly.

Unfortunately by the time it took for VA to address them after they were received, Rod was dead.

Lawyers will be interested in any violations of VA regs that the VA commits -but their main focus will still be on the evidence.

Edited by Berta

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Guest jangrin

Berta,

I do agree that the main concern for the attorney will be if he can win the case. So evidense is key to any veterans claim. My question to everyone one is, if the veteran is represented by an attorney,can the BVA still remand a case back to the RO or does having an attorney elliminate the VAROs responsibility to the vet becasue the veteran has representations?

Jangrin

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Jangrin- in my opinion the VARO's responsibility over claims as spelled out in 38 CFR will never change and the fact that we can get lawyers will probably hold them too it more then ever-

I would think the new regs would cover an attorney representing at the RO level and continue through any BVA remand process.

I would like to start talking to lawyers around here about this but wihout anything concrete as far as the regs go-I dont know what I would be talking about-

The again they will most surely advertise their willingness to take on VA claims.

I think the Reasons and Basis will become a good part of their focus on denied claims-

and what the VCAA letter- if the vet gets a legal one- requires-

I still see the ultimate responsibility rests not with the RO and a lawyer but with the veteran as far as accessing the evidence they need.

I have a nice lawyer-he always says I bring him the whole case and he only has to show up in court-

actually that only happened once-he wasnt kidding- I had a trespass problem- after Rod died some neighbor attempted to take over some of my land by adverse possession.

I not only brought in the laws of the state of NY but had photos taken with a newspaper header (for the exact date) to prove they were "squatting" on my land.

I had witnesses that stated they had said their goal was to adversely possess part of my land because I was a widow all alone and couldnt do anything about it.

I also had a face photo of one of their relatives as she lifted her fist as if to hit me-

the flash bulb startled her and she ran away.

A famous NY judge did not take the proper steps to prevent squatters on his land and he lost many acres of land to them under NY laws.

And I had letters they refused to sign for, asking them to leave me land as well as a police report.My lawyer showed up in court and I won.

My point here is that lawyers are VERY BUSY - we think it takes time for vet reps to call us back- that goes for many lawyers too---

They will want evidence that rebutts the VA's reasons and bases for any denial-

basically what we look for here-

they MIGHT see things we dont -like potential Sec 1151 and stuff lke that- but they will depend on the same things we do now to get proper awards.

Edited by Berta

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