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Filling an appeal


dcostello1956
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Question

Hello,  sleep apnea claim denied, hired a veterans attorney, he will only deal with sleep apnea claim.  I have current other denials that I would like to appeal however no veterans organization can assist me due to client attorney agreement.  In other words I am locked out from help with the other claims because they cannot see my c-file.  It appears I would have to go it alone on the other denials without a VSO or help of any kind, does this sound correct.  I never thought any outside help with the claims other than sleep apnea would be restricted.  In other words I can't have an advocate to assist me even if the attorney refuses to help with the other claims. Am I understanding this right, or is some type of assistance available. Thanks, Dan

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  • Content Curator/HadIt.com Elder

Welcome to Hadit!

I'm not sure if the VA allows multiple POA's. In my non-professional opinion, there is nothing stopping you from going to another VSO and asking them to look over your other denials. They may not be able to file an appeal on your behalf, but there should be nothing stopping them from giving you advice.

About eight years ago, my POA was DAV, but I had a really tough time getting anyone to help me. They were in the middle of hiring a replacement after my VSO retired. The replacement was greener than I was. I drove over to the American Legion post and the guy there helped me out by reviewing documentation and offering advice.

You could always open separate topics here for each appeal. Keep it simple and don't post any private details.

Keep in mind that you may need to file an appeal before your appeal window expires. 

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  • HadIt.com Elder

If I understand you correctly, you were denied on a few claims.  Went to a lawyer and he appealed the SA claim, but not the others.  And apparently will not appeal the others for you.

I would appeal the others on my own before the 1 year rule runs out, without a lawyer, and then see what happens.  I would not let the 1 year pass.

I don't know how lawyers work with claims as I  have never had to use one, but I would think you did not have to let him appeal for you unless you agreed to them just doing the one issue.  You should have said thank you and found a lawyer that would have taken all of your appeals.  The lawyer must have known that by taking just one issue it would put you in a bind.  Doesn't sound like a very good VA appeals lawyer to me.  But what do I know.

My other thought is he took the slam dunk and knows that if you quit him, he still gets part of your win, and he didn't want to deal with the harder (more work) appeals.

IDK,

Hamslice

 

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All this is great information. I love the conversations with my Brothers and Sisters. This is therapy for me.

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I honestly can’t answer this with current knowledge but yrs ago you could only have 1 poa.

i would file the nod within 1 yr.  I had the DAV originally but I wasn’t happy with them and I withdrew them as my poa and did my own.   To this date they still have the DAV as my poa.

work your own claim plenty of help her.

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You still may have only one POA.  I would request an appeal for the claims that the lawyer is not handling, as others said, before your one year runs out.  Please post your denial and we can help you out.  I am not understanding why your lawyer will not work with you on your other claims but Hamslice might be right about them only wanting the easy one.  You can still win without him/her.  

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