Finally found my records. Kind of in a pickle now

[Riplip]

So after about 15 years looking for my records I stumbled across them while looking through other paperwork that had nothing to do with my time in service. Must have been mixed up with some of my moves. I'm proud that I have got 90% rating on my own without any records. I kept getting denied for things that they said never happened I hired a lawyer. Now I have all the info to finish what I started but I also have a contract. I believe I am stuck to pay the per son for not doing anything? I guess I really don't care at this point but finally having a real chance at 100% with medical records to back it up feel great. Anyone else ever been in this type of situation? 

[brokensoldier244th]

Who are you contracted with that isn't working on contingency? Thats how many of the VA adjacent law firms work. If you didn't win because of anything they did normally they don't get paid, its the risk of doing business. Are you using a non VA-accredited firm or advocate? If you still have a recently closed claim within the last year that pertains to the documentation you have you should be able to reconsider it/supplemental with the New/Relevant information. 

[Riplip]

My lawyer is a VA accredited firm. I just thought now that I signed with them then if I go from 90%-100% they get the 20% of back pay not matter how it is achieved. So far they haven't helped at all except for filing what I asked and gave them to file. I feel like its working with my old VSO lol. 

[brokensoldier244th]

You can always fire them as your POA, then they won't get anything. If they are just on retainer and not doing anything you may as well. If they have actually done work, though, I think you are stuck with them. However, you can add contentions to a running claim as long as it hasn't been adjudicated yet, or you can file a separate claim (supplementary, whatever) unless your current claim is the same type- then the issue would just get added to it. It happens all the time. 

[broncovet]

Before you fire your attorney, I need to know what appeals level you are at.  If you are headed to or at the CAVC dont even think about firing your attorney to save money.  Reason:  It wont save you money, because EAJA covers the law fees at the CAVC level.  

If you are instead represented by a law firm at the BVA or VARO, YOU MAY BE ABLE to save money, but consider it carefully first.  

My advice is to talk to your attorney...there is a very reasonable chance the attorney would be in agreement that your VSO will suffice at the VARO/BVA.  I know at least one law firm who practices EXCLUSIVELY at CAVC.  You can get a CAVC decision in 5 or 6 months or less, but a BVA decision takes years or even decades, some times.  So, attorneys dont like waiting to get paid for 4 or 5 years, do you?  I dont either.  Your law firm may even be happy to have you do this, so they can concentrate on more profitable, quicker CAVC cases.  But I cant speak for them.  

Most of the time when Vets say "their attorney does nothing", they usually mean they did nothing "the Veteran can see".  

The attorney mostly does not send you a copy of every document filed, and often, they are working on your claim, but they are also working on many other Veterans at the same time. So, he is working it, but you cant see it, unless you have a bed in the attorney's office.  

Since many/most people dont like attorney's, "they assume" the attorney is sitting around sipping margarittas and collecting checks.  Not true.  Most other areas of law, besides Veterans law is more profitable, and many attorneys could/would/do move to another area of law to make more money.  I cant imagine representing a Veteran at the BVA and waiting to get paid for 4, 5, or even 10 years.  Much better is cavc, and get paid probably still in 2023 before Christmas, or maybe, anyway.  

[Riplip]

Sorry I didn't have my password at home over the weekend. None of my claims are at appeal status yet. Just a couple supplemental and now there will be some new shoulder and ankle claims now that I have my records backing them. I guess the firm has done work because they have submitted a few for me already. I haven't had any C&P exams set up yet but I expect that to come up soon. I guess I'll just let it play out.