PSA - Even if you have an attorney trust but verify. Your claim, your responsibility.

[JKWilliamsSr]

I guess you can call this a public service announcement.   I think it is important that everyone understand what is going with their claims and appeals.  Ultimately you are the responsible party for your claim and it is imperative you make sure all is in order.  Something I did not do.  For me it is clear.  Trust but verify.  I tell this story to point out the importance of making sure everything is done right with your claim.

I have an appeal pending at the BVA and have an attorney representing me.  I would like to say he is a good attorney (he got me from 50% to 80% from a supplemental) and what happened is an oversight.  However, I remember someone saying once that the longer the appeal sits at the BVA the more money the attorney will make  If granted my appeal will easily put me at 100% with effective date of Sept 2019 which as of today would get me backpay of $39k (currently am at 80%).  That would net my attorney $7800 in back pay.  An additional $305 can be added to that for each month I remain on the docket.  I have severe financial hardship that includes a bankruptcy and Tax issues.   You know the saying.  Bad things can happen to good people and the past few years have been pretty rough and I trusted my attorney to help me.

I filed for Chapter 13 Bankruptcy last year and at the time I inquired to my attorney about requesting advancement to my pending supplement claim.   He told me I could request advancement and to call the VA to make the request.  I honestly thought that odd and that he should do it but went ahead and did so.  The VA told me I needed to send in proof of hardship and I did so.  I don’t think it mattered because I never received a response from the VA (Supplemental Claim) about this. I asked my attorney if he would look into this and also inquired if the hardship request could be made for the pending appeal as well.  His reply was simply it was done.  I should have questioned it then because I had yet to send my attorney any of the information that proves my hardship.  How was it done?  So it is my own stupidity to not verify this.  That was a year ago and I am sure I would have heard something about the hardship request.  I have made inquiries to my attorney about this and the answers have been vague so my belief the request was never made.

I am currently working on my own request for docket advancement.  I can’t seem to get a response from my attorney and I am not going to sit on my hands and wait. 

[broncovet]

You did not mention your attorney's name.  However, even with an advance on the docket, a year is not that unreasonable, given the crunch with covid 19.  

Its easy to "build a catastrophe" when none exists except in your mind.  You know, a family member goes to the grocery and does not come home for 4 hours, so you think of all the things that could have gone wrong.  

I have no idea if your attorney did/did not file for advance on docket.  But, I do know this:

Attorneys are humans and need to pay rent, groceries, etc. THIS MONTH, and 2 or 3 years down the road its less important.  So, I doubt attorneys deliberately delay your claim to increase their retro.  They would rather get paid ASAP, just as you would!  They are not "rich bankers" with multi million dollar bank accounts (well a few are, but probably not those in Veterans law..its just not that lucrative!), who can afford to wait years for their money. They have a secretary that needs paid and a light bill THIS MONTH.  So, they need their money now, just like you do.  

I spoke with more than one attorney..they are just as frustrated about the delays as we are..some more so.  

Edited November 5, 2021 by broncovet

[JKWilliamsSr]

4 minutes ago, broncovet said:

You did not mention your attorney's name.  However, even with an advance on the docket, a year is not that unreasonable, given the crunch with covid 19.  

Its easy to "build a catastrophe" when none exists except in your mind.  You know, a family member goes to the grocery and does not come home for 4 hours, so you think of all the things that could have gone wrong.  

I have no idea if your attorney did/did not file for advance on docket.  But, I do know this:

Attorneys are humans and need to pay rent, groceries, etc. THIS MONTH, and 2 or 3 years down the road its less important.  So, I doubt attorneys deliberately delay your claim to increase their retro.  They would rather get paid ASAP, just as you would!  They are not "rich bankers" with multi million dollar bank accounts (well a few are, but probably not those in Veterans law..its just not that lucrative!), who can afford to wait years for their money. They have a secretary that needs paid and a light bill THIS MONTH.  So, they need their money now, just like you do.  

I spoke with more than one attorney..they are just as frustrated about the delays as we are..some more so.  

You are absolutely correct and that is the reason why I did not include his name because if I am in error it would not be fair to throw him under the bus like that.  I could be completely full of it but to me some things just do not add up for me.  A lot of it may be venting because truth be told I am frustrated because I can't get any answers from him.  If the motion to advance was denied my understanding is there would be documentation of it.   So I asked for the status if he had heard anything back and have not received a reply.  I had to call the VA myself just to get my docket number because I could not even get that from him.   

In just about any court system except the VA I would be able to go the clerk and request documents related to my case.  When it comes to the VA I have to get a copy of my C-File just to see them.  Which we all know could take forever. 

Here is what has me concerned the most.   My attorney stated he made the request to Advance on the Docket and yet I had not sent him any of the evidence to support it.   My appeal is Direct Review (evidence submission) without a hearing.  While I was researching I noticed many of the more recent appeals have docket numbers well that are after mine.  I know that does not really mean anything because there are too many variables that come into play which is why I am questioning things. 

 

[JKWilliamsSr]

@broncovet

Either you are good luck or bad luck....depends on how you look at it....lol

In any case after reading and replying to your message I decided to send one more letter to my attorney.   Guess what happens...he replies.   So from now on when I need an answer I am posting here and you will need to reply so I can get my info...ROFL. 

In any case he told me that he had not heard anything about my AOD request.  He then asked me to forward the relevant evidence I have and the will escalate it.  Not sure what his initial request was but he as I mentioned before he did not have the evidence when he made the request. 

Not sure what the issue is and while frustrated I like my attorney.  I just feel some things should have been done sooner.   Maybe I should have emailed him daily until I got an answer.  Who knows?

 

[broncovet]

Well, I wont say Im "good luck", but it so happens if you follow the advice given on hadit your odds are much better.  

You see, when someone posts advise that others dispute, we on hadit, often challenge that advice.  Sometimes there is a consensus resolution, others there is not, but you get to choose "which advice" to pick. 

When you go to a VSO, most Vets know so little, they pretty much go along with whatever advice the VSO gives them.  There is no feedback, like on hadit.  

Dont get me wrong.  Hadit members dont agree on everything.  Just like 2 doctors, they dont agree on everything.  

I guess I would call the advice on hadit "vetted".  Other hadit members read it, and mostly we dont dispute the advice.  But if we do..we are free to say so. 

On "one of the other websites" there was a former rater who, lets just say, you were not allowed to challenge his advice.  

But, from 100 Ant's perspective, a 4 foot by 4 foot pile is plenty of space to live. You and I probably want more than 4 feet by 4 feet as our home size.  We have a different perspective.  

This ex rater was familiar ONLY with VARO policies.  Now remember, most of us know that at least 80 to 90 percent of initial decisions at the VARO are denied.  So, this rater agreed with the 80 percent of decision, most of which the BVA found to have errors that warranted a reversal or remand.  So, I think I had a little bit larger perspective.  Mine was from the standpoint of Veterans, his position was from his cube inside a rating specialists office, which most of us know is wacky.  Even someone in a mental hosptial probably has friends in the hospital who think he's fine.  "Why look around you..you are pretty much like everyone else".  

It did not matter.  I was banned from that website.  How dare I challenge the answers of this 20 year VARO experienced employee?  

Im getting close to 20 years on hadit.  Reading and answering questions.  They only one I know has been here longer, except Tbird, is Berta.  

And, Berta gives fantastic advice for Vets.  She is the best.  

[pwrslm]

I have a hardship cover on my file. I have ALS. You can call the 800 number and they will tell you if you have a hardship cover page on your file. That is how you verify. 

If your Atty said he did something, and did not, you have to ask what else he missed. Your right to know is the one thing that you have got over malpractice. Have you paid anything to the lawyer? Then you should get a statement covering everything he does/did for the money. Same goes for the % that he gets, you have a right to a detailed listing of what he is/has billed for on your account. They should be happy to do this for you. In the end, if he screwed up, you have documentation to prove malpractice if need arises. Acts of omissions in legal services are grounds for malpractice claims.

You maybe should also try to get a fresh update on your CFile. Knowledge is king. Go with the FOIA request.

 

[JKWilliamsSr]

On 11/6/2021 at 8:19 AM, pwrslm said:

I have a hardship cover on my file. I have ALS. You can call the 800 number and they will tell you if you have a hardship cover page on your file. That is how you verify. 

If your Atty said he did something, and did not, you have to ask what else he missed. Your right to know is the one thing that you have got over malpractice. Have you paid anything to the lawyer? Then you should get a statement covering everything he does/did for the money. Same goes for the % that he gets, you have a right to a detailed listing of what he is/has billed for on your account. They should be happy to do this for you. In the end, if he screwed up, you have documentation to prove malpractice if need arises. Acts of omissions in legal services are grounds for malpractice claims.

You maybe should also try to get a fresh update on your CFile. Knowledge is king. Go with the FOIA request.

 

If I am going to fathom a guess I am going to say it was an oversight on his part.  Something that while annoying I will not push to cause him any issues because he did get me to 80% so far.   I finally got 50% for Pes Planus with Plantar Fasciitis.   That alone is a huge win for me because the VA has been denying me since 2002 saying it was not in my records.  I think I had 4 denials for that alone.  The sad part is that when I finally got them to reopen it again it was based on medical records they had in their possession since 2002.  I just submitted to them what they had.  Then they lowballed me and only gave me 10% and that was when I was fed up and hired an attorney.  My feet were not the only issue.  The VA has been completely inept in my claims but that is not a surprise to anyone. 

My attorney is paid on a contingency getting 20% on back pay.  So far the only money he has received was his portion of the back pay that got me from 50% to 80% and it was worth every cent.   So he will only get a percentage from my appeal backpay as well.   My original post was truly out of frustration but I still think it was important.   The lesson learned is no matter what your attorney says you should still follow up often to get a status.  

I did do a request for a copy of my C-File.  I did that last week because I plan on filing an appeal of my the effective date for my feet. 

Edited November 8, 2021 by JKWilliamsSr