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@  vet201060 : (26 August 2014 - 10:00 AM) Went From Pending Decision Approval To Review Of Evidence Today, I Need To Stop Looking At It. Drives You Crazy Waiting
@  GlassRose1500 : (25 August 2014 - 09:30 PM) @coriemboh I Get My Best Claim Advice Here, But My Dav Guy Gets The Best Intel Once The Claim Is Filed
@  coriemboh : (25 August 2014 - 08:57 PM) The Average Processing Time Is 9 Months More Or Less. Every Time I Call The 800#, I Get A Different Answer. Goe, Roe....make Up Your Mind!
@  coriemboh : (25 August 2014 - 08:56 PM) I Just Want To Know Ballpark Figure Of How Much Longer My Claim Will Take. The Bills Are Piling Up. Adds To My Anxiety And Depression. Sure Wish I Could Tell Bill Collectors The Same Things Va Tells Me!
@  coriemboh : (25 August 2014 - 08:54 PM) @glassrose1500-No, I Don't. I Put In For Representation A Few Days Ago, But I'm Sure That End Won't Pan Out Until The Claim Is Closed.
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Has Anyone Here Ever Used A Real Lawyer To Fight The Va?


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10 replies to this topic

#1 retiredat44

 
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Posted 20 September 2010 - 05:55 AM

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..
Thanx..

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#2 71M10

 
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Posted 20 September 2010 - 07:13 AM

Problem is "real lawyers" want "real money" and the laws and VA regulations specifically insure that "real money" will never be provided to lawyers who take veterans claims.

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).

Best regards,

Tyler

#3 justrluk

 
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Posted 20 September 2010 - 07:19 AM

It's sad, really. Makes me want to go to law school just to practice in an area so desperately needed. Would be an excellent use of the Post 9/11.



#4 john999

 
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Posted 20 September 2010 - 07:57 AM

I have a lawyer who is fighting for me right now on my CUE that goes back to 1971. If there is a chance of a good payday the lawyers are there. You have to file a claim and get a NOD to hire the lawyer. Just do a generic NOD if you plan to get a lawyer and let them take it from there. If there is retro involved and you have a good case I think you can get someone to represent you.

#5 Berta

 
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Posted 20 September 2010 - 08:34 AM

Carrie Weletz from Bergmann and Moore gave their contact info out on this SVR show available in our SVR archives.

http://www.svr-radio.com/archives.html

She said if the claim was denied but even if the NOD has not been prepared yet, they can assess the claim.

#6 Bonzai

 
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Posted 20 September 2010 - 08:54 AM

I hired a lawyer I found through the National Organization of Veterans Advocates (NOVA) website, and he helped me prepare my NOD. I had all the information gathered, but he really help me organize it and the wording to be used. I won on the NOD and didn't have to go to a hearing. After the win, he didn't charge me a cent because he said my case was a slam dunk and he really didn't do that much to help me. I am not saying all NOVA lawyers would have done the same though.

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.

#7 carlie

 
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Posted 20 September 2010 - 09:59 AM

retired,
You also may want to research the forum below.

http://www.hadit.com...ions-on-s-3421/

#8 LarryJ

 
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Posted 20 September 2010 - 10:11 AM

...........................and, this site, also, which is a "branch" of legal aide inc.

http://statesidelegal.org/

By-the-way, Jim Strickland is a member of the Board of Directors.

Edited by LarryJ, 20 September 2010 - 10:17 AM.


#9 Chuck75

 
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Posted 20 September 2010 - 12:08 PM

The "service orgs" are often not very effective in obtaining proper veteran's compensation.
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..
Thanx..



#10 Testvet

 
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Posted 20 September 2010 - 04:07 PM

since July 2007 veterans have been allowed to hire lawyers to handle their claims once they are denied and the veteran decides to enter the appeals process even at the VARO level they are by law allowed to collect 20% of back pay they secure for their clients the veterans, SSA limits the lawyers in SSD claims to 25% or a maximum of 5300 dollars plus reasonable expenses there are a lot of lawyers that handle VA appeals and more are being trained all the time I have dealt with a NOVA lawyer myself they took my cardiac condition as a pro bono case in July 2007 and within 18 months I had my CAD and hypertension SC as secondary to my PTSD

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

#11 Tomahawk

 
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Posted 20 September 2010 - 07:44 PM

Im planning on contacting a lawyer for my appeal. I have found two firms so far in my area that claim to represent veterans for C&P claims. We'll see how it goes.




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