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hadit.com Veterans Forum > Extras > Hiring an Attorney Discussions on S. 3421
Berta
Rick Briggs

Fausone Bohn, LLP
41820 West Six Mile Road, Suite 103
Northville, MI 48168-2755
(248) 380-0000 tel.

(248) 380-3434 fax

rbriggs@fb-firm.com

www.fb-firm.com

They will consider VA representation after June on case by case basis-

I hope I can find more lawyers who will too-

But just remember - it is up to a lawyer to take a case-
some claims may well be found that lawyers wont want them-
I worked for lawyers- evidence is everything-
and presenting a case well can mean whether they will take the case or not.
It is always best to get all the evidence you can whether you chose to hire a lawyer or not.
john999
Berta

I think I could use a lawyer for my CUE denial. It is so outrageous of a denial I wonder if I should NOD it now or wait for a lawyer to take a look. Are there any lawyers in Florida that do vet claims as of March 2007? The VA used a 1989 VA report to deny a 1972 CUE. It is so obvious I wonder if I should just go to the BVA with this. This one is not rocket science but I think I will be cheated if I don't have expert legal help.
Berta
John- the lawyers I posted were a blip at hadit-I guess Google sends us blimps from time to time-

I clicked on the advertisement here and got this info-

I am in New York-
So far the lawyers I have talked too are really a little up in the air about VA claims-because they all are busy and none of them know VA 101
yet-
my own lawyer- I am helping him with his VA claim and it is very difficult- we speak 2 different lanquages-
they dont teach much about 38 CFR in law school. He is a civil and criminal trial lawyer and handles wills etc too- a very agressive lawyer-but no background at all in VA claims.

The Bar Association in each state has list of their lawyers-

If I have time I will ask more lawyers in NY if they will be handling VA claims after June- but I am hoping that lawyers will advertise to vets-on the net after June-then we will know who can really handle VA claims.

My 2 CUEs are not complex issues yet apparently my present vet rep doesnt understand them at all. They are easy to comprehend. I was given improper advise when these CUES occurred-by another vet rep-who got a promotion to the RO and left that office. I should have Nodded the decision as he knew it was wrong-but did not advise me to do anything. CUEs as legal issues would be good to have attorney advise on.
jackparr
QUOTE (Berta @ Mar 27 2007, 08:03 AM) *
John- the lawyers I posted were a blip at hadit-I guess Google sends us blimps from time to time-

I clicked on the advertisement here and got this info-

I am in New York-
So far the lawyers I have talked too are really a little up in the air about VA claims-because they all are busy and none of them know VA 101
yet-
my own lawyer- I am helping him with his VA claim and it is very difficult- we speak 2 different lanquages-
they dont teach much about 38 CFR in law school. He is a civil and criminal trial lawyer and handles wills etc too- a very agressive lawyer-but no background at all in VA claims.

The Bar Association in each state has list of their lawyers-

If I have time I will ask more lawyers in NY if they will be handling VA claims after June- but I am hoping that lawyers will advertise to vets-on the net after June-then we will know who can really handle VA claims.

My 2 CUEs are not complex issues yet apparently my present vet rep doesnt understand them at all. They are easy to comprehend. I was given improper advise when these CUES occurred-by another vet rep-who got a promotion to the RO and left that office. I should have Nodded the decision as he knew it was wrong-but did not advise me to do anything. CUEs as legal issues would be good to have attorney advise on.
jackparr
wink.gif Berta:
Haven't been @ hadit in awhile...
Trying to just survive blah blah
Here's one for you & anyone out there.
Sent Houston regional claim for % increase to existing S/C disability.
Denied of course, however, the denial was sent to an incarcerated felon w/in the Texas Penal system.
He wrote directly to me asking for $$$ for my documents.
When I aasked for VA In vestigation. got a reply...
" VA spkoe w/ Prison Officials & stated the holder of my documents would return such, & not use any of the data obtained, yea right.
VA stated end of story & investigation of how my records & HIPPA Data got to this Felon Inside Prison story over."
Contacted Congressional Offices NO HELP ZILCH NADA ZERO...
My Vet Rep stated he believes thre is a HIPPA Law violation & possible damages because of the medical records disclosure & there is monetary damages under Civil Rights act!
Is this so? Any lawyers out there in the U.S. Federal (5th) Fifth District Courts?
This realy has me paranoid & ed off.

Thanks Berta.

Jack
USMC RVN/69-71
Semper Fi
Pete53
Dear Jack:

Nice to see you and sorry for your trouble. The way your personal papers were treated is atrocious
You should consider contacting the OIG but that would be another battle. Didn't you use to work for the government?

Good Luck

Pete
Berta
Jack- I would contact the IG and also the General Counsel-

Inspector General VA http://www.va.gov/oig/
address for written complains and email contact is at the site (peruse the investigations- there may have been a similiar situation there to yours)

General Counsel VA
Acting Counsel Paul Hutter (Tim retired not long ago)

John (Jack) Thompson Deputy GC

General Counsel can be contacted at (202) 273 - 6660.


and I would get a lawyer I think- to at least determine if I had a case here or not-

Lawyers charge 100 plus for an hour consult but always better to see if you have a cause if action-
and to document it all-in case the prisoner copied your personal stuff and is keeping it until they get out or will send it to someone on the outside to use.

"My Vet Rep stated he believes there is a HIPPA Law violation & possible damages because of the medical records disclosure & there is monetary damages under Civil Rights act"

I certainly agree- I dont know if you have damage claim ---yet---
but I would persue this if I were you.

When we complain to any official ,org, etc and they fail to act on the complaint- we have documented the complaint with them and somewhere down the road that can become evidence on its own merit to support a lawsuit.

Here is the HIPAA site as to what you can do also:

http://www.hhs.gov/ocr/hipaa/

Here is the VA Data theft HIPAA advice site:
http://www.privacyrights.org/ar/VABreach.htm

Although I consider the laptop data theft problem a fluke and an unfortunate employee error in judgement-and he was probaby a very good VA employee- it could have had VERY serious consequences! Under HIPAA laws and could have cost the VA millions!
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