Jump to content



Search



Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?
@  Tbird : (23 October 2014 - 05:07 PM) Correction Jan 20. 2015 Will Be Hadit.com's 18 Year Anniversary
@  Tbird : (23 October 2014 - 11:38 AM) Jan 20, 2015 Will Be Hadit.com's 19 Year Anniversary, That's Amazing.
@  britton : (23 October 2014 - 08:14 AM) I Got It Tbird Thank You
@  Tbird : (22 October 2014 - 05:26 AM) Britton Sent You A Pm
@  britton : (21 October 2014 - 10:05 PM) Tbird, I Sent A Donation To Hadit Via Pay Pal...i Hope You Got It?
@  raven316 : (21 October 2014 - 01:59 PM) Glasses
@  iceturkee : (20 October 2014 - 06:50 AM) Good Luck Plum
@  Notorious Kelly : (19 October 2014 - 06:32 AM) I Wish You All The Best With That, Plum!
@  me.plum : (18 October 2014 - 01:09 PM) Hearing For Bva 11-19 At 8:30 Wow!!! Thanks Everyone!!!
@  Tbird : (18 October 2014 - 12:30 PM) Buckeye46 Thank For Contributing Our Fund Raiser
@  Notorious Kelly : (17 October 2014 - 02:11 PM) Impressive Site, Kimmy. I Bookmarked. Thanks! :)
@  Kimmy : (17 October 2014 - 08:31 AM) I Recently Discover The Site. It Is Very Detailed With Info On Conditions And Ratings.
@  Kimmy : (17 October 2014 - 08:28 AM) Has Anyone Here Been To This Site? Http://www.militarydisabilitymadeeasy.com/
@  Tbird : (17 October 2014 - 08:06 AM) Snake Eyes Thank You For Remembering Us. Congratulations On Your Retro.
@  Snake Eyes : (16 October 2014 - 07:04 PM) Thinking Of Donating A Portion Of My Retro On Next Claim. Smaller Amount Coming Beginning Of November. Thanks For The Good Work!
@  britton : (13 October 2014 - 06:13 AM) Hi There T Bird Shout Backatcha

Photo
- - - - -

Has Anyone Here Ever Used A Real Lawyer To Fight The Va?


This topic has been archived. This means that you cannot reply to this topic.
10 replies to this topic

#1 retiredat44

 
retiredat44

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 783 posts
 

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..

#2 71M10

 
71M10

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1224 posts
 

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

 
justrluk

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 826 posts
 

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

 
john999

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 22263 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28833 posts
 

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

 
Bonzai

    E-6 Petty Officer 1st Class

  • Chief Petty Officers
  • PipPipPipPipPipPip
  • 341 posts
 

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

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22180 posts
 

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

 
LarryJ

    Hadit.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3214 posts
 

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

 
Chuck75

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPip
  • 1447 posts
 

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

 
Testvet

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 2478 posts
 

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

 
Tomahawk

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

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.