My appeal has been placed on hearing docket

[Poopsy Woopsy]

Hi Berta and all who have given me advice.. Well my VSO sent in my 25pg. document that was (In my opinion) very thorough and complete. with names, dates, times, negligence, abuse, and bias, in a "Very" concise and easily read document.  I felt I left no rock unturned: as they say!  I even stated posibility of AO, so they couldn't void that possibility. (That was a prevous claim , now a possibility under new Blue Water evidence.)    My VSO said it was best to ask for a "Board Appeal Hearing" I don't know if that was the best option, but if we can't assume that at least for filing puroses they would know the best option, then I'm not sure of what use they are.  ANYHOO!     There in lies my terror!! she has made several obvious and simple mistakes every time I have gone to her for a filing or for information. First. let me just say "I very much appreciate her kindness and help,  and I understand  how hard their jobs are and ALL they have to deal with and need to know when dealing with the VA and disgruntled Veterans..    BUT!!   I have put my "LIFE" into these claims, for my husband, They killed him unnecessarily and they will be accountable!!! And it is now about getting the "Truth" out and making the VA stop with the excuses and denials.    SO,  their letter asks me if I want to change my representation!??  I would prefer NOT to get a lawyer, for one I think it is a slam dunk. If anything I would seek out a "PRO-Bono". I believe if they are honest the evidence will render a large back payment. I am not willing to get a lawyer involved after all the work I have done. and especially when it is already a "WIN" they just wanted more evidence...   So I gave plenty! BUT! having said all that, I would appreciate ANY information I might not have considered or thought about!! My undying and deepest respect for anyone willing to give to our military and our Great America!! 

Thank You in advance!! 

Poopsy Woopsy    

[GBArmy]

Hi Poopsy Woopsy First of all I am sorry for your loss, and can only imagine how important this claim is for you. I don't know the particular details, and the advise I have doesn't necessitate that I do. It sounds that you have put a lot of time and effort in developing the claim and you are knowledgeable enough to evaluate the VSO's performance so far.  I assume you are considering presenting the case in front of the BVA yourself. If that is the case (no pun intended) we wish you well. But it might be a good idea for you to get some professional assistance to overlook your evidence and make some legal suggestions. You have the option, if in the event of a board denial, to appeal again if you are not successful, and that is a good thing. But are you at this point going to handle it if it should be denied? That is a decision that may happen you know. Veterans and their families don't always win these things just because they should. To minimize that potential of that happening, you might have someone at least review your position beforehand, if not represent you. Yes it will cost you; maybe it would be worth checking out. Just something to consider.

Good luck.

[Poopsy Woopsy]

Thank you GeekySquad for your time and your answer!       So are you saying, go ahead and go before the board on my own and then seek professional assistance if the outcome renders a denial? or can I just pay for someone to "look over" my statement of  case and all that I have put together so far before I go before the judge? Would a lawyer assist me in an evaluation basis of what I have put together without wanting to represent me in the case? I am extremely leary of everyone and there so called "Help". after the ordeals we encountered at the VA.. (The very people who were supose to have the best interest of my husband.) Are we talking "Lawyer"? or Vet Rep?,  or?

Thank You for your help and time,,, It truly warms my heart that someone would take the time to answer me. I cannot stand the thought that any of this would be in vain.

Poopsy Woopsy     

[Oceanbound]

You are on your way to the board and I would suggest hiring a agent/lawyer right now. I fired my VSO because it was going to be over a decade before I see any resolution. You can read my current status here

Known legal help here at Hadit are Katrina Eagle, David Anaise, AskNod, GloverLuck to name the few.

[broncovet]

There is a "best time" to hire a lawyer, and, it isnt before the BVA, tho that is controversial.  Here is why I suggest you hire a lawyer ONLY after you get denied at the BVA:

1.  Cost.  Many of the lawyers will represent you at the CAVC at no cost to you.  This is because EAJA pays attorney fees, but only at the CAVC or Federal Circuit.  The Board does not have access to EAJA fees for representation, so, at the BVA you pay your own fees except for pro bono cases.  

2.  The CAVC is no place for a VSO.  Many VSO's are ill equiped to represent at the CAVC.  Most just dont do it.  

3.  If EAJA will pay your attorney fees, why hire someone with less expertise and who is less likely to win?  Attorney represented claimants win (or remand) about 90 percent of the time, so go with the highest probabality of a win..go with an attorney but at the CAVC.  

Source:  I have been to the CAVC 4 times, 3 of which I was represented by an attorney.  One time, I represented myself at the CAVC where I filed a writ of mandamus.  I got a remand 3 out of 4, and my pro se Writ was denied.  Each time I was represented by an attorney, I won a remand, then submitted new evidence and won benefits.  

[Buck52]

I agree with broncovet  makes sense!

[rsm-esq]

Hello,

It is inspiring to see your dedication to your husband's cause, and equally frustrating to see veterans in a seemingly endless circle of claim-denial-appeal-denial-appeal...  I applaud your determination.

BVA hearings are an opportunity to highlight supporting evidence for the claimed disability (ie medical exams, favorable physician opinions, nexus statements).  The focus should be to convince the judge that service connection/higher rating/earlier effective date is justified because there is medical evidence to support it.  Focus on the evidence, the end decision is up to the Board.

All the best.