Full Version: New Forum For Discussing Hiring Attorneys
Set this new forum up for discussions on the new bill allowing veterans to hire attorneys.
Here is the thing that is the problem that I think DAV sees and other organizations on this act and I can see it as well. How long do disability cases go on in accidents claims for civilians in courts? Are attorneys going to get any special priority? Will and could a claim be harder to understand because of the legal rammifications between veteran and the people who answer the phone? Will claim decisions have to go through another process to makes sure all things can not be picked apart of the attorney. Usually when attorneys get involved the other party mans up with more attorneys. More red tape gets put in between the veteran and the VARO as well as how do you think it will affect our healthcare? Doctors are going to be less liberal in helping veterans due to the "malpractice" lawsuits that get brought up. Oh by the way you can not sue the VA doctor you sue the US government.....the funny thing with government is that it has all the time in the world. It was here long before we were and will be long after we pass. Then you are probably looking at delays in the decision process...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions, etc. What will it do to the people who do not get attorneys? Has anyone been to a driving ticket court? How long does it take for other veterans? Is that going to show preference to those who get better attorneys than representing yourself. Also that will also engage the attorney fees. What about those who are "elderly" who are fixed on the income alone? Now a 20% chunk is taken out for some fatcat attorney? The system is already overburdened, you dont think that this will cause a larger than normal backlog? Eliminate getting information or helpful information from the 800 regional office line? What about appeals? They are backlogged. The system needs more workers not more red tape. Attorney's are just going to turn it over to an organization in the end.....they can go after the ambulance accidents and get a greater return. By the way who works at these organizations???....Most of them are if not all of them are veterans themselves? Maybe attorneys could possibly help represent you on appeals in VA Court at DC, maybe but I'm not all to jump on the band wagon because someone said attorneys.
I need to support a different point of view-
This is a bill of CHoice- No one is forcing any vet to get a lawyer-
We have few choices when we deal with VA-
This is only a right- a bill that gives us the right of choice.
I worked for lawyers. They can read-
they can read REAL good-
they will see CUE potential on past decisions as well as the loopholes in VA denials.
"...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions"
That is why all of my costly evidence is missing at thr RO and I still have my hand on my a-- for over 4 years.
A lawyer would have never allowed that to occur.
"Eliminate getting information or helpful information from the 800 regional office line?"
We dont need the 800 line- we should have internet access to the Covers screens ourselves.If I can access my bank account on line with a password, why cant I access my claims info on the VA PC?VA is wasting money on the 800 line.
Lawyers arent going to waste time calling the 800 number-
I foresee that lawyers-once they see how easily the VA can deny us basic duty to assist rights such as the VCAA-(the reason behind most of those BVA remands since 2000 at the BVA web site )
lawyers will challenge that from the git go and better RO decisions will have to be prepared.
Again-I worked for lawyers-
the most important thing they deal with is EVIDENCE-probative and documented-
They will want the vet to get all they can- and they will not allow VA to ignore it.
In 1995 the DAV told me I did not have a claim-and not a basis for FTCA suit-(NSOs dont get into those matters -still he saw the FTCA suit mentioned in the 526 and said this to me)
The vet died with 2 claims pending.
I re-opened them.DAV said none of my evidence was worthy.
I won the FTCA and those 2 claims.
The DAV rep had been a rep for many years.His boss acted like he was the Holy Grail.
If he didnt know I could re-open what did he tell veterans-who attempted to reopen a claim?
I am a strong financial supporter of the DAV. It is a wonderful organization.
It is however lousy NSOs here and there that impinge on the DAV's entire image.
VA claims lawyers might well be able to determine if a vet has a cause of action and potential suit against a vet rep.
If I was a NSO these days-I think I would start reading the last edition of the VBM and make sure my links to the regs is up to date.
I need to support a different point of view-
This is a bill of CHoice- No one is forcing any vet to get a lawyer-
We have few choices when we deal with VA-
This is only a right- a bill that gives us the right of choice.
I worked for lawyers. They can read-
they can read REAL good-
they will see CUE potential on past decisions as well as the loopholes in VA denials.
"...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions"
That is why all of my costly evidence is missing at thr RO and I still have my hand on my a-- for over 4 years.
A lawyer would have never allowed that to occur.
"Eliminate getting information or helpful information from the 800 regional office line?"
We dont need the 800 line- we should have internet access to the Covers screens ourselves.If I can access my bank account on line with a password, why cant I access my claims info on the VA PC?VA is wasting money on the 800 line.
Lawyers arent going to waste time calling the 800 number-
I foresee that lawyers-once they see how easily the VA can deny us basic duty to assist rights such as the VCAA-(the reason behind most of those BVA remands since 2000 at the BVA web site )
lawyers will challenge that from the git go and better RO decisions will have to be prepared.
Again-I worked for lawyers-
the most important thing they deal with is EVIDENCE-probative and documented-
They will want the vet to get all they can- and they will not allow VA to ignore it.
In 1995 the DAV told me I did not have a claim-and not a basis for FTCA suit-(NSOs dont get into those matters -still he saw the FTCA suit mentioned in the 526 and said this to me)
The vet died with 2 claims pending.
I re-opened them.DAV said none of my evidence was worthy.
I won the FTCA and those 2 claims.
The DAV rep had been a rep for many years.His boss acted like he was the Holy Grail.
If he didnt know I could re-open what did he tell veterans-who attempted to reopen a claim?
I am a strong financial supporter of the DAV. It is a wonderful organization.
It is however lousy NSOs here and there that impinge on the DAV's entire image.
VA claims lawyers might well be able to determine if a vet has a cause of action and potential suit against a vet rep.
If I was a NSO these days-I think I would start reading the last edition of the VBM and make sure my links to the regs is up to date.
This is a bill of CHoice- No one is forcing any vet to get a lawyer-
We have few choices when we deal with VA-
This is only a right- a bill that gives us the right of choice.
I worked for lawyers. They can read-
they can read REAL good-
they will see CUE potential on past decisions as well as the loopholes in VA denials.
"...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions"
That is why all of my costly evidence is missing at thr RO and I still have my hand on my a-- for over 4 years.
A lawyer would have never allowed that to occur.
"Eliminate getting information or helpful information from the 800 regional office line?"
We dont need the 800 line- we should have internet access to the Covers screens ourselves.If I can access my bank account on line with a password, why cant I access my claims info on the VA PC?VA is wasting money on the 800 line.
Lawyers arent going to waste time calling the 800 number-
I foresee that lawyers-once they see how easily the VA can deny us basic duty to assist rights such as the VCAA-(the reason behind most of those BVA remands since 2000 at the BVA web site )
lawyers will challenge that from the git go and better RO decisions will have to be prepared.
Again-I worked for lawyers-
the most important thing they deal with is EVIDENCE-probative and documented-
They will want the vet to get all they can- and they will not allow VA to ignore it.
In 1995 the DAV told me I did not have a claim-and not a basis for FTCA suit-(NSOs dont get into those matters -still he saw the FTCA suit mentioned in the 526 and said this to me)
The vet died with 2 claims pending.
I re-opened them.DAV said none of my evidence was worthy.
I won the FTCA and those 2 claims.
The DAV rep had been a rep for many years.His boss acted like he was the Holy Grail.
If he didnt know I could re-open what did he tell veterans-who attempted to reopen a claim?
I am a strong financial supporter of the DAV. It is a wonderful organization.
It is however lousy NSOs here and there that impinge on the DAV's entire image.
VA claims lawyers might well be able to determine if a vet has a cause of action and potential suit against a vet rep.
If I was a NSO these days-I think I would start reading the last edition of the VBM and make sure my links to the regs is up to date.
I need to support a different point of view-
This is a bill of CHoice- No one is forcing any vet to get a lawyer-
We have few choices when we deal with VA-
This is only a right- a bill that gives us the right of choice.
I worked for lawyers. They can read-
they can read REAL good-
they will see CUE potential on past decisions as well as the loopholes in VA denials.
"...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions"
That is why all of my costly evidence is missing at thr RO and I still have my hand on my a-- for over 4 years.
A lawyer would have never allowed that to occur.
"Eliminate getting information or helpful information from the 800 regional office line?"
We dont need the 800 line- we should have internet access to the Covers screens ourselves.If I can access my bank account on line with a password, why cant I access my claims info on the VA PC?VA is wasting money on the 800 line.
Lawyers arent going to waste time calling the 800 number-
I foresee that lawyers-once they see how easily the VA can deny us basic duty to assist rights such as the VCAA-(the reason behind most of those BVA remands since 2000 at the BVA web site )
lawyers will challenge that from the git go and better RO decisions will have to be prepared.
Again-I worked for lawyers-
the most important thing they deal with is EVIDENCE-probative and documented-
They will want the vet to get all they can- and they will not allow VA to ignore it.
In 1995 the DAV told me I did not have a claim-and not a basis for FTCA suit-(NSOs dont get into those matters -still he saw the FTCA suit mentioned in the 526 and said this to me)
The vet died with 2 claims pending.
I re-opened them.DAV said none of my evidence was worthy.
I won the FTCA and those 2 claims.
The DAV rep had been a rep for many years.His boss acted like he was the Holy Grail.
If he didnt know I could re-open what did he tell veterans-who attempted to reopen a claim?
I am a strong financial supporter of the DAV. It is a wonderful organization.
It is however lousy NSOs here and there that impinge on the DAV's entire image.
VA claims lawyers might well be able to determine if a vet has a cause of action and potential suit against a vet rep.
If I was a NSO these days-I think I would start reading the last edition of the VBM and make sure my links to the regs is up to date.
I agree w/Berta, it's a bill of choice. Nowhere does it state the claimant must or shall. As for attorneys dragging their feet, not a chance. They like to get paid, too. They'll most likely work on a contingency, with a percentage of the winnings fee. No win no money, just like SSDI. After fighting w/SSDI, for 10 yrs, I hired an atty specializing in SSDI law and she won me 7 yrs retro, within 5 months of hiring - well worth the $4k max she received. The point is she knew what we needed to prevail and she got it. When I started my claim back in '89, I knew nothing about the VA process, nor did my VSO's. In fact they still don't. I've won a small lawsuit and I can tell you it's not the lawyers that drag it out, it's the insurance companies. They figure, like the VA, if you drag it out the claimant will give up or not even file, due to the fact that it takes so long. jmo
pr
pr
The VA claims process is a legal process. It is not currently applied/used in a manner that is fair and equitable. The VA routinly makes errors that unfairly deny compensation/pension to veterans.
If this situation isn't one crying for legal representation, what is?
Lawyers fees do need to be constrained, yet they must be such that a lawyer will take a deserving case. The lawyers fees should be paid by the government, not from the compensation/pension due a veteran.
Lawyers will force the VA, and other service organizations to clean up their act, and provide a higher quality service to the veteran.
If this situation isn't one crying for legal representation, what is?
Lawyers fees do need to be constrained, yet they must be such that a lawyer will take a deserving case. The lawyers fees should be paid by the government, not from the compensation/pension due a veteran.
Lawyers will force the VA, and other service organizations to clean up their act, and provide a higher quality service to the veteran.
QUOTE (spike @ Mar 22 2007, 08:37 PM) 
Here is the thing that is the problem that I think DAV sees and other organizations on this act and I can see it as well. How long do disability cases go on in accidents claims for civilians in courts? Are attorneys going to get any special priority? Will and could a claim be harder to understand because of the legal rammifications between veteran and the people who answer the phone? Will claim decisions have to go through another process to makes sure all things can not be picked apart of the attorney. Usually when attorneys get involved the other party mans up with more attorneys. More red tape gets put in between the veteran and the VARO as well as how do you think it will affect our healthcare? Doctors are going to be less liberal in helping veterans due to the "malpractice" lawsuits that get brought up. Oh by the way you can not sue the VA doctor you sue the US government.....the funny thing with government is that it has all the time in the world. It was here long before we were and will be long after we pass. Then you are probably looking at delays in the decision process...because if you get a decision, do you know that your current POA gets to go over and participate on the Rating Board Decisions, etc. What will it do to the people who do not get attorneys? Has anyone been to a driving ticket court? How long does it take for other veterans? Is that going to show preference to those who get better attorneys than representing yourself. Also that will also engage the attorney fees. What about those who are "elderly" who are fixed on the income alone? Now a 20% chunk is taken out for some fatcat attorney? The system is already overburdened, you dont think that this will cause a larger than normal backlog? Eliminate getting information or helpful information from the 800 regional office line? What about appeals? They are backlogged. The system needs more workers not more red tape. Attorney's are just going to turn it over to an organization in the end.....they can go after the ambulance accidents and get a greater return. By the way who works at these organizations???....Most of them are if not all of them are veterans themselves? Maybe attorneys could possibly help represent you on appeals in VA Court at DC, maybe but I'm not all to jump on the band wagon because someone said attorneys.
I hope veterans are writing to their Senators and Congressmen/women-
to pass this important bill of choice.
This is some of what I wrote and told my 2 Senators- Schumer and Clinton and Congressman Kuhl:
"This bill, as a law, would give every VA claimant the right to chose whether they want a free vet rep or a paid lawyer to help prosecute their VA claim. It is really quite unconscionable to consider that many vets would have to pay to get a proper disability award- and even worse that many need costly independent medical opinions to over- rule decisions made due to a 15 minute VA C & P medical exam, but the reality is the VA is often an arbitrary system, and can ignore and disregard obvious medical evidence of support for a claim, while accepting a VA doctor’s medical report as a denial- a situation of conflict of interest, yet veterans have no way to combat this unless they can afford costly independent medical opinions. In my case errors by my own POA, NYSDVA, have cost me money and over 4 years of time awaiting a proper decision from the VARO.
Will you support this bill ( S 2694) to become a law?
It will give us VA claimants a choice that we would never have needed if paid veterans representatives had consistently done better work. A great deal of the unconscionable backlog of thousands and thousands of claims at the Board of Veterans Appeals in Washington , DC is due to improper claims procedure, both at VA regional office levels as well as within improper claims work by veterans representatives from numerous veterans organizations and also state veterans divisions, such as NYSDVA.
Respectfully.
Berta M. Simmons
Member:
Gold Star Wives
Vietnam Combat Veterans,ltd.
Marine Corps Association
Allvets,Inc.
NVO-National Veterans Organization
OSR Order of Silver Rose- Agent Orange vets."
to pass this important bill of choice.
This is some of what I wrote and told my 2 Senators- Schumer and Clinton and Congressman Kuhl:
"This bill, as a law, would give every VA claimant the right to chose whether they want a free vet rep or a paid lawyer to help prosecute their VA claim. It is really quite unconscionable to consider that many vets would have to pay to get a proper disability award- and even worse that many need costly independent medical opinions to over- rule decisions made due to a 15 minute VA C & P medical exam, but the reality is the VA is often an arbitrary system, and can ignore and disregard obvious medical evidence of support for a claim, while accepting a VA doctor’s medical report as a denial- a situation of conflict of interest, yet veterans have no way to combat this unless they can afford costly independent medical opinions. In my case errors by my own POA, NYSDVA, have cost me money and over 4 years of time awaiting a proper decision from the VARO.
Will you support this bill ( S 2694) to become a law?
It will give us VA claimants a choice that we would never have needed if paid veterans representatives had consistently done better work. A great deal of the unconscionable backlog of thousands and thousands of claims at the Board of Veterans Appeals in Washington , DC is due to improper claims procedure, both at VA regional office levels as well as within improper claims work by veterans representatives from numerous veterans organizations and also state veterans divisions, such as NYSDVA.
Respectfully.
Berta M. Simmons
Member:
Gold Star Wives
Vietnam Combat Veterans,ltd.
Marine Corps Association
Allvets,Inc.
NVO-National Veterans Organization
OSR Order of Silver Rose- Agent Orange vets."
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