After 1 yr 6 months going through the same CP exams twice for 7 claims, returned decision of NOT SERVICE CONNECTED for all

[VetNY12]

Thanks all, sorry for late reply. Yes I am working on Appealing it all. It is now in the Lawyers hands and they too don't move fast (probably the longer my claims are delayed, the more backpay they hope to achieve). So I'm being patient and will keep all updated on the appeal.

 

One interesting thing that is new in the decision letter is the listing of "Favorable Findings". Everyone of my claims have a favorable finding, they just noted for all the claims there is no evidence of in-service complaint. They even said for a couple I did complain, yet they decided to say "Not Service Connected " anyway haha. 

So I will see what the lawyer says and we shall go from there. I'll keep you all posted, hope everyone has more success.

[broncovet]

You posted:

Quote

probably the longer my claims are delayed, the more backpay they hope to achieve

This is a common misconception, probably based on the fact many people dislike attorneys.  

As crazy as it may seem, attorneys like to get paid, too.  They have electric bills, gas bills, and these need to be paid this month, not 4years, or 8 years from now.  So, the attorneys, also, need their money sooner rather than later.  Remember, like you, the attorneys "do not" get interest on their money while VA is delaying getting around to paying you.  It just sits there, while inflation eats it away.  Did you know if you get retro back to 1985, you get the pay due to you in 1985, not in todays rates?  Its way, way less.  

     Its not in the attorneys best interest to delay your claim, he doesnt get paid until YOU get paid.  Like us Vets, attorney's get old and die too, and they may never get paid from VA or Vets.  

      Did you know that Veterans law is one area that results in low compensation for attorneys?  One reason is massive delays.  

If you just got out of law school, had 250,000 in student loan debt, would you want to take a Vets case where you would likely not be paid for 3 or 4 years?  

      This is why there is an attorney shortage who take Vets cases.  Its actually often hard to find an attorney who will take your case.  If they got big bucks for taking your case, then there would be a huge line of attorneys waiting to take your case.  

      I have had probably 8 law firms, over the years, decline to take my case.  Some were too busy, others liked different types of cases, and some were not capitalized enough...they did not have 4 years of income sitting in the bank to live on while waiting on VA to finally decide my claim.   And, some of them just did not see a clear path to winning.  They have to invest their time and money into my claim..often for years..before they can expect to see a dime and they may never see one dime.  Most people just dont want to work today, and maybe get paid 4 years from now.  Do you want to work that way?  I dont.  

    My last attorney practiced "at CAVC ONLY" and did not do BVA appeals.  Why?  Because CAVC can be, and usually is, decided in a year or less.  BVA decisions often take 3 or 4 times that long.  He does not want to wait to get paid.  Also, at the CAVC the Vet rarely pays the attorney ANY thing.  Why?  Because the attorney bills EAJA for the fees when you win or get a remand at cavc.  

     This is why it makes little sense to me to go to the CAVC without an attorney.  You can get his knowledge at resources, and the EAJA has to pay your fees.  

Edited December 22, 2021 by broncovet

[vetquest]

Whether you deployed or stateside when the injury occurred should have no bearing on approval of a disability claim.   Bertha requested that you attach a copy of your denial.  That could help a lot for people trying to assist you.  Remove any personal data first and then upload the denial.  Yes, lawyers do take a while since they want to get all of the data and any necessary medical evidence.  The process is long and lawyers want to be right the first time.