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Is My Lawyer Getting Greedy?

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Hello all.  This is my first post on here.  Looking forward to learning as much as I can from all of you and sharing my experiences.

I was recently awarded 100% disability with SMC-S.  I believe my lawyer wasn't satisfied with the outcome because the claim did not have any back pay.  Meaning there was no payment to them.  I understand that.  Everyone wants to get paid for their work.  It took 2 years of work and they received no payment.  They filed for a HLR to raise my PTSD rating from a previously denied decision almost 3 years ago.  I was rated 50% 3 years ago for PTSD and they're trying to argue that it should have been 70% so my rating would have been 100% overall.  I don't know if it's a good idea to push for more after getting the award I received.  I want to make sure they are not risking the benefits I've received by trying to get some type of payment.  I don't know if the HLR will cause them to look over all of my disabilities again.  I am happy with the decision and would like back pay but not at the risk of my status now.  I've asked them if it's a risk but not sure if I should believe it, because if I they don't push for this the time they spent on my claim would give them no money.  Thank you in advance for any advice all of you can give.

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The VA rates you, or reduces you BASED ON THE CRITERIA, not whether or not you wear long underwear in the summer time. 

There IS no additional risk appealing benefits for an eed or disability percentage.    The VA can reduce you "if you have had actual improvement" not if you appeal an effective date or disability percentage.  The VA has criteria for reductions.  You either meet the criteria for a reduction or not, but its unrelated to whether or not you appeal the effective date.    See this regulation:  https://www.law.cornell.edu/cfr/text/38/3.344

If you go get a tatoo, or spike your hair purple, does that mean you will get a reduction in benefits?  After all, some people may be offended by tatoo's or purple hair.  Whether you get tats or have purple hair is independent of whether or not you will be reduced, in the same way.  

Its an old wives tale that VA will reduce you if you appeal or apply for an increase which is completely contrary to the regulations.    See 38 CFR 3.344, above.  

Your lawyer knows what he is doing..let him look out for your best interests.  

If the lawyer wins you retro pay, and you dont want it, then donate some to hadit or another charity.  However, things have a habit of changing.  

Think about it.  

Are you "greedy" if you ask your boss for a raise?  Or are you just working hard, and deserve it?  So, if you got injured in service, dont you deserve the effective date to when you first applied?  

Edited by broncovet
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Fighting for an earlier date should not change your current situation.  The VA is notorious for low ball ratings and disregarding earlier dates.  Your lawyer knows this and wants to fight for you, and his/her reputation.

You could ask your lawyer to explain why he thinks you should have an earlier date and his reasons why.  He should tell you why he thinks he can win for you.

He did a good job so far,

Hamslice

 

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