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Has Anyone Here Ever Used A Real Lawyer To Fight The Va?
Posted 20 September 2010 - 05:55 AM
Posted 20 September 2010 - 07:13 AM
Since they are not allowed to work on a fee basis( I think the law does or did say $20) until the vet is in appeal status and then they are relegated to a % of the accrued benefits. In rare instances further on in the appeal process (CAVC I think) if the Governments position is found to be unreasonable then payments are available under the equal opportunity for justice act (not positive on the name).
This arrangement has provided VA cover for many years, but I am seeing some very good lawyers and organizations (not your traditional VSOs) begin to get some traction on making VA accountable for its worst infractions.
Your stereotypical "Pit Bull" lawyers don't find enough money or recognition (for thier egos).
Posted 20 September 2010 - 07:19 AM
Posted 20 September 2010 - 07:57 AM
Posted 20 September 2010 - 08:34 AM
She said if the claim was denied but even if the NOD has not been prepared yet, they can assess the claim.
Posted 20 September 2010 - 08:54 AM
That being said, I also have the same lawyer for my SSDI case, and we are battling it out tooth and nail with the SSA. We are at level three (Social Security Appeals Council), and my lawyer says he will take my case to District Court if we lose the appeal.
Posted 20 September 2010 - 12:08 PM
Lawyers who are well qualified to do veteran's VA cases, and are good at it don't grow on trees.
That said, my lawyer will be getting a check from the VA for several thousand fairly soon. (And the fight has just begun!)
One original claim was filed within a few months of separation. If I can find the supporting paper, it will be a CUE.
The decision that entitled the lawyer to remuneration was obviously "lo-balled", and for unmentioned reasons, also a potential "CUE".
Let's just say that the VA often ignores law and regulations that favor a veteran's case.
Has anyone here ever used a real lawyer to fight the VA? Was it successful? Did you try the VA service organizations too? etc.. etc..
Posted 20 September 2010 - 04:07 PM
I would much rather pay a lawyer 20% of whatever back pay there is than keep 100% of nothing from another loss and if they do not see any way for you to win your claim then they will probably decline to represent you they like to be paid for their work just like anyone else they have to see a path to victory not every claim a veterans thinks is a winner is some just can't be proven beyond a reasonable doubt not all claims are legitimate it's just a fact of life
Posted 20 September 2010 - 07:44 PM