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. 

[McRay]

On 11/6/2021 at 5:13 AM, broncovet said:

 

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.  

I think I know who you are referring to on the 'other' website. He advised giving up my claim and I'm now 50% and appealing for 100% and an earlier effective date to 1978. Probably have a good chance because vet law firm took my case..

[broncovet]

Whoa!   Your attorney "may not need" additional evidence from you..to file for hardship..it may already be in your file.  So you may not know if he filed or not for an advance on the docket.  

These are pretty good questions to ask your attorney..tell him you are concerned..dont accuse him of anything..just "ask".  

[JKWilliamsSr]

52 minutes ago, broncovet said:

Whoa!   Your attorney "may not need" additional evidence from you..to file for hardship..it may already be in your file.  So you may not know if he filed or not for an advance on the docket.  

These are pretty good questions to ask your attorney..tell him you are concerned..dont accuse him of anything..just "ask".  

I asked him about it and he claimed he did so.  However this was a year ago when he supposedly submitted it but did not have any information I felt was relevant because he did not ask for it.   However a few weeks ago  when I inquired again he asked for the information.  I sent it to him with a personal statement and he told me he file it again.  This time I guess it stuck because a judge is viewing my appeal now.

[broncovet]

Well, BEFORE you throw the attorney under the bus, wait, I will throw the whole VA under the bus first.  

    I wish I had money for every document the VA lost of mine.  I submitted a dependents claim 5 times..and have not been paid yet, as they say they need it submitted again.  Not kidding.  Documented.  (My documents, which differ from VA as they shredded my evidence..more than once!). 

    Your attorney may have hornswaggled you, but I think its unlikely.  THEY NEED to eat, too, so they want to get paid.  Sooner rather than later.  

     My advice is to forget this beef with your attorney, as apparently its being worked.  Then smile real big when you get your retro, and tell your story on hadit!  

 

[JKWilliamsSr]

43 minutes ago, broncovet said:

Well, BEFORE you throw the attorney under the bus, wait, I will throw the whole VA under the bus first.  

    I wish I had money for every document the VA lost of mine.  I submitted a dependents claim 5 times..and have not been paid yet, as they say they need it submitted again.  Not kidding.  Documented.  (My documents, which differ from VA as they shredded my evidence..more than once!). 

    Your attorney may have hornswaggled you, but I think its unlikely.  THEY NEED to eat, too, so they want to get paid.  Sooner rather than later.  

     My advice is to forget this beef with your attorney, as apparently its being worked.  Then smile real big when you get your retro, and tell your story on hadit!  

 

I appreciate your comments and I have to admit that your first response to me in this thread talked me off the ledge.  I was pretty pissed off at my attorney.   With that said I decided to actually think about it.  He may have made a mistake and I have accepted that it was not intentional.  I may be a little annoyed but all the good he has done for me outweighs any mistakes so far.

[pwrslm]

Did you get a call through the 800 line? If they say your file does not have a hardship cover, then report that to your lawyer. If he submitted it then he should get answers faster than any other way.