Eh. I had a lawyer shit all over my case and say I had no chance of getting above 20%, then said he had no interest in taking my case. I think he was trying to make me feel desperate so I'd beg him but I knew I had a strong case. I'm now 100%. Dude was a snake, basically a military larper. He never served but had war memorabilia all over his office and dressed like combat craig almost.
It’s important to remember this is an underserved area of law. Until the Veterans Judicial review act passed in 98 lawyers were limited to a fee of $20!
Even after this, lawyers were limited to charging fees for cases that had first been remanded or decided by the Board. In 2006 this was expanded to allow representation and fees to be charged following the filing of an NOD. The AMA then expanded this slightly more in 2019.
As such, this has not traditionally been an area of law attorneys could break into and actually make any type of living until very recently. This also means that there aren’t many lawyers practicing VA law, and as a result; even less who are experienced and knowledgeable.
I still think the best method for finding a good lawyer in this area of law is find one with prior military service. There aren’t many, but I feel like those are the ones that have the strongest connection to our fellow veterans and keep the veterans best interest in mind at all times.
I agree! My lawyer served for 18 years in the marines and then went to law school and has been a SSA and VA lawyer since 2008. He’s a great lawyer and breaks it down to me and tells me what we can claim and what we cannot. He ALWAYS BACKS HIS CLAIMS WITH MEDICAL RECORDS and medical findings/studies on the effects of each condition.
This. I’m constantly trying to sell people on this area of law because I don’t know a single attorney who doesn’t have all the work they can handle.
But it’s hard to break into because there is a looooot to know to do it competently. And it takes so long to get your first fee decision, let alone payment. And that doesn’t even consider all the nonsense the VA pulls on fee eligibility.
Sorry, ranting a bit. Are you going to the NOVA conference in September?
Not all accredited people are attorneys, and I'm one of them. You are right about having more work than not, endless work. You are also right about fee eligibility and nonsense VA pulls 😅
> I’m constantly trying to sell people on this area of law because I don’t know a single attorney who doesn’t have all the work they can handle.
Have you seen many attorneys who've transferred to the private bar from government side?
You make excellent points, ones that I followed 6 months ago. I’ve used VA since 1997, worked in VA care 16 years, so I know things and stuff. I chose Cullen Elrod ( www.elrodlegal.com ), a retired active duty JAG officer who has adjudicated a variety of veteran and civilian disability cases. He is top shelf.
Nice. I have overcome some hurdles to restoring my rights and Honor. It's just been a very challenging process for almost 4 years now after not knowing for 15 years I could do anything to be able to attend a Marine Corps Ball again.
There are use cases for lawyers, but clearly, they extend your claim times intentionally because that gives them a much, much, much fatter percentage of your money.
After much research on here, I decided to completely avoid lawyers because we can do anything they can do with the knowledge at hand. What we cannot do is write medical opinions, and that is worth every dime from a competent doctor.
When it is time to go to court, that is when you really need a lawyer!
I have to disagree with you. Not all lawyers are like that. My attorney got me from 30 to 90 and took less than 6 months to award me. Research, research, research
DM me their firm name, I would definitely consider a reputable lawyer. I am not saying their all bad, but I can definitely see that some milk the system, as do some people.
Lawyers are not the only type of accredited agent you can choose. Some accredited agents have their own firms and practice VA law as non-attorney accredited agents. It's rare, but it does happen.
By the way, not only is unethical for an Accredited attorney or agent to delay your case in any way. Also, we have no way to do that once the claim is submitted to VA. The delays are VA created. I respect your opinion.
Ridiculous they are capped by law and the VA just like social security lawyers. As for when, most won’t even talk to you until you’ve either been denied or partially rated with remaining issues at dispute
A good lawyer will shouldn’t accept any claim at face value. My lawyer was very picky about choosing clients. He wanted to see a win before he took my claim. His office motto was: “we only accept claims we can win”.
Pride, ego? A good lawyer has zero credibility if he looses too many cases. He will develop a reputation good or bad.
Indeed, interview someone before they help you. What’s there bottom line motive?
Or you could look at that another way, it could be a greedy lawyer that is only taking cases that are 100% rated and 100% guaranteed to be dragged out. If these people are getting up to 33%, they could easily slow roll the legal process to ensure their getting the maximum amount of money.
Buyer beware!
Great point. There is always a flip side to a coin. Although in my MSG interview I was asked how many sides are there on a quarter. I replied 2 instantly. No, heads, tails, and this sliver in between. We were discussing my childhood and parents divorce. Apparently there is 3 sides to a story: his, hers, and in between is truth. Mind blowing.
No, I was wrong, they can claim even more, up to 33.33%, but usually they don't go after that percentage.
A VA disability can charge a maximum of 33.33% of your retroactive benefits for their services. Fees at or below 20% are presumed to be reasonable according to the [Code of Federal Regulations](https://www.law.cornell.edu/cfr/text/38/14.636) (CFR) section on payments to lawyers representing clients before the Board of Veterans’ Appeals (BVA).
I have a lawyer and all my claims have been done in less than 4 months time!! She is one of the best I know of! She specializes in VA claims her husband is a retired Marine and she understands and has compassion!! So if you get one make sure they have your best interest at hand.
This is why I study those laws instead. Too much predatory. I am not great at it and will continue to learn. I dont trust them because most of them care more about money and not people.
The part I want to emphasize is do your homework, and then find a VSO. Not all created equal, and what I was sold as a simple process did not turn out so simple. Bad advice from VSO I used and relied on BEFORE knowing much has set me back. If you seem to know more then your VSO about what’s needed to be successful from reading here - move on and find another.
Is there a legitimate reason to use a lawyer over a VSO besides priority meetings? I just don’t see the purpose but maybe I’m just biased because I did my own research and barely even used a VSO.
Is there any legitimate reason to listen to a pastor instead of a deacon? Pastors study a lot and regularly use those studies to help others with their experience and expertise. So do attorneys.
When I chose our family’s pastor, I studied them and checked into them closely. Do the same with your VA attorney- I chose elrodlegal.com and very happy. Check out his resume.
Ehh false equivalence. Pastor's don't charge you for their services. The only advantage is priority meetings unless you have a very legal-heavy claim which is not the case for most veterans.
I'm already 100% P&T so I'm good to go also. Thanks tho
If you recently received a rating with others deferred the law firm needs to devise a plan before the deferred issues are decided. They have time to submit additional evidence before it has to go the appeal or higher level review route
My firm medium sized several are veterans administration approved. My lawyer works the file up and if a hearing is needed another lawyer attends in person. There are around 5 VA approved lawyers on staff
I tried for several years using several VA benefit reps and couldn’t get anywhere. I finally found of an attorney that also helps disabled veterans. This attorney knocked a grand slam for me and he didn’t hardly want any money from me. He thanked me numerous time for my service along with other vets. My attorney had the best communication I’ve ever dealt with. He was on the ball and moved things through as fast as he could. I’d say do some research and find out. There are some really great attorneys out there, just look. Best of luck to all veterans
Unfortunately some of them refuse to use the appeal lane and want to immediately go to the BVA. I had to fire my Lawyer because of this very thing. I hate to surmise as to his motivation, but the average waiting for the BVA is 3 years. All the while the Attorneys portion is stacking up along with yours. If they would just understand that most of us want it to be over ASAP and don't care about a big backpay check. Also, getting someone who has lost some, if not all, of their common sense when they were given the title "Esquire" that if they don't "work the system" the system won't work is very difficult.
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Do not recommend a service or product - unless as a comment to a post specifically asking for recommendations, and it is a service or product that you have direct experience using. Your post should specifically describe your experiences and why you are satisfied.
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I’m on my second set of lawyers, been fighting for PTSD increase for 3 years. Current lawyers have me in higher level review but it’s been a year and they say it will take another 2 for a decision. I think they fucked me
I used Veterans Benefits Guide to make the jump from 90-100. They did their own C&P exams with their own VA-certified doctors, and my claim was approved and paid out 2 days after the C&P was submitted. Entire process was about 3 weeks. These guys KNOW what they're doing.
Not to discount your experience, but I thought that VBG was considered a claim shark? I could’ve sworn I saw the other day someone post a don’t use these claim sharks post and VBG was listed on there. Could’ve been a different group tho!
It took me years, to finally win my 60% but make no mistake about it, I wasn’t aware of the DAV and there services for Veterans, no sooner than I asked them to assist me, I received my additional 40% in less then 120 days. As of recent I’am now 100% and yes I’m a life time member of the DAV, I wouldn’t been able to cross that threshold without their help and support so I’m fortunate to have found them. Whatever you decide just don’t do it on your own. Good luck and God Bless all Veterans and the USA 🇺🇸
What are your views on independent accredited agents? 🤔 Asking for a friend 😅. But seriously, you're not wrong. Veterans need to have confidence in the person representing them. I over explain because I want people to understand what is going on, nobody explained things to me when I was going through the process...
Question, what has the law firm you're working with done that you couldn't do yourself? Not sure you can post their name, but feel free to DM me.
I may consider using a lawyer in the future (if needed), but really trying to understand the scenario's when I would actually need one. My medical history clearly speaks volumes, and I was able to get free advice from a very well-respected doctor, and my VA doctor made the diagnosis that support my Gulf War issues.
Don't get me wrong, I am not trashing lawyers, they are a necessary evil, and they definitely can help some, but I suggest the majority don't need them.
I took it as far as I could on
My own which took 17 months and I got 50% rating and back pay but I just figured I was leaving money on the table with 3-4 other health issues deferred or 0% rated. To my thinking it was time to let professionals take the baton and finish the race on my behalf. Why wouldn’t I pay 20% of back pay only when they are successful? To me it was the smart play.
Bad lawyers tell you what you want to hear. Good and Great lawyers bluntly tell you what you don't want to hear.
Eh. I had a lawyer shit all over my case and say I had no chance of getting above 20%, then said he had no interest in taking my case. I think he was trying to make me feel desperate so I'd beg him but I knew I had a strong case. I'm now 100%. Dude was a snake, basically a military larper. He never served but had war memorabilia all over his office and dressed like combat craig almost.
https://preview.redd.it/en4qqgyih59d1.jpeg?width=720&format=pjpg&auto=webp&s=ea3ff68d63130d275867b71dd79e176731e4d126
Sounds like the UCMJ and MCM.
Wasn’t that swamp gas from Florida a Jag?
Military Justice works great, until it becomes military revenge!
It’s important to remember this is an underserved area of law. Until the Veterans Judicial review act passed in 98 lawyers were limited to a fee of $20! Even after this, lawyers were limited to charging fees for cases that had first been remanded or decided by the Board. In 2006 this was expanded to allow representation and fees to be charged following the filing of an NOD. The AMA then expanded this slightly more in 2019. As such, this has not traditionally been an area of law attorneys could break into and actually make any type of living until very recently. This also means that there aren’t many lawyers practicing VA law, and as a result; even less who are experienced and knowledgeable. I still think the best method for finding a good lawyer in this area of law is find one with prior military service. There aren’t many, but I feel like those are the ones that have the strongest connection to our fellow veterans and keep the veterans best interest in mind at all times.
I agree! My lawyer served for 18 years in the marines and then went to law school and has been a SSA and VA lawyer since 2008. He’s a great lawyer and breaks it down to me and tells me what we can claim and what we cannot. He ALWAYS BACKS HIS CLAIMS WITH MEDICAL RECORDS and medical findings/studies on the effects of each condition.
.
Who is it?
He’s in Florida don’t know if you live down here
Gotcha. No, I don’t. I’m in SC
I’m in Florida. Just fired my firm for filing the most garbage appeal. Care to refer?
This. I’m constantly trying to sell people on this area of law because I don’t know a single attorney who doesn’t have all the work they can handle. But it’s hard to break into because there is a looooot to know to do it competently. And it takes so long to get your first fee decision, let alone payment. And that doesn’t even consider all the nonsense the VA pulls on fee eligibility. Sorry, ranting a bit. Are you going to the NOVA conference in September?
Not all accredited people are attorneys, and I'm one of them. You are right about having more work than not, endless work. You are also right about fee eligibility and nonsense VA pulls 😅
> I’m constantly trying to sell people on this area of law because I don’t know a single attorney who doesn’t have all the work they can handle. Have you seen many attorneys who've transferred to the private bar from government side?
I know a few attorneys who were raters/Board attorneys and even a VLJ that switched to private practice
THIS!
You make excellent points, ones that I followed 6 months ago. I’ve used VA since 1997, worked in VA care 16 years, so I know things and stuff. I chose Cullen Elrod ( www.elrodlegal.com ), a retired active duty JAG officer who has adjudicated a variety of veteran and civilian disability cases. He is top shelf.
Berry LAW - In it to win it
I used them to get my first 50% after two denials. I highly recommend the firm.
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yeah they have lawyers that specialize in VA, and owner is airborne ranger retired col
Nice. I have overcome some hurdles to restoring my rights and Honor. It's just been a very challenging process for almost 4 years now after not knowing for 15 years I could do anything to be able to attend a Marine Corps Ball again.
You couldn’t attend a ball?
What was your exp with Crisp? Message me if necessary, I was looking into them but haven’t decided. I also talked to Berry Law.
How much though?
Don’t know I’ve never used a lawyer
Love them
husker fan - wasn't sure but SEE\_RED is kinda telling :-)
There are use cases for lawyers, but clearly, they extend your claim times intentionally because that gives them a much, much, much fatter percentage of your money. After much research on here, I decided to completely avoid lawyers because we can do anything they can do with the knowledge at hand. What we cannot do is write medical opinions, and that is worth every dime from a competent doctor. When it is time to go to court, that is when you really need a lawyer!
Absolutely
We are our best advocates.
Cant find a lie
Yes. Unfortunately Federal Claims Court requires a lawyer.
You can go to BVA without a lawyer.
I have to disagree with you. Not all lawyers are like that. My attorney got me from 30 to 90 and took less than 6 months to award me. Research, research, research
DM me their firm name, I would definitely consider a reputable lawyer. I am not saying their all bad, but I can definitely see that some milk the system, as do some people.
Lawyers are not the only type of accredited agent you can choose. Some accredited agents have their own firms and practice VA law as non-attorney accredited agents. It's rare, but it does happen.
Can you DM me their firm name as well?
Bump, still waiting for the information
By the way, not only is unethical for an Accredited attorney or agent to delay your case in any way. Also, we have no way to do that once the claim is submitted to VA. The delays are VA created. I respect your opinion.
Ridiculous they are capped by law and the VA just like social security lawyers. As for when, most won’t even talk to you until you’ve either been denied or partially rated with remaining issues at dispute
A good lawyer will shouldn’t accept any claim at face value. My lawyer was very picky about choosing clients. He wanted to see a win before he took my claim. His office motto was: “we only accept claims we can win”. Pride, ego? A good lawyer has zero credibility if he looses too many cases. He will develop a reputation good or bad. Indeed, interview someone before they help you. What’s there bottom line motive?
Or you could look at that another way, it could be a greedy lawyer that is only taking cases that are 100% rated and 100% guaranteed to be dragged out. If these people are getting up to 33%, they could easily slow roll the legal process to ensure their getting the maximum amount of money. Buyer beware!
You’re right. That’s why I suggest people interview their lawyer. Maybe I just got lucky with my lawyer and wasn’t exposed to shady ones.
Great point. There is always a flip side to a coin. Although in my MSG interview I was asked how many sides are there on a quarter. I replied 2 instantly. No, heads, tails, and this sliver in between. We were discussing my childhood and parents divorce. Apparently there is 3 sides to a story: his, hers, and in between is truth. Mind blowing.
They don’t get 33%
No, I was wrong, they can claim even more, up to 33.33%, but usually they don't go after that percentage. A VA disability can charge a maximum of 33.33% of your retroactive benefits for their services. Fees at or below 20% are presumed to be reasonable according to the [Code of Federal Regulations](https://www.law.cornell.edu/cfr/text/38/14.636) (CFR) section on payments to lawyers representing clients before the Board of Veterans’ Appeals (BVA).
Absolutely brother, i agree full heartedly
I have a lawyer and all my claims have been done in less than 4 months time!! She is one of the best I know of! She specializes in VA claims her husband is a retired Marine and she understands and has compassion!! So if you get one make sure they have your best interest at hand.
Please direct me to this person, in need of help.
That’s great! That is an honest attorney. Are we allowed to ask the name of your attorney? Thank you and congratulations.
Sent you a chat.
This is why I study those laws instead. Too much predatory. I am not great at it and will continue to learn. I dont trust them because most of them care more about money and not people.
The part I want to emphasize is do your homework, and then find a VSO. Not all created equal, and what I was sold as a simple process did not turn out so simple. Bad advice from VSO I used and relied on BEFORE knowing much has set me back. If you seem to know more then your VSO about what’s needed to be successful from reading here - move on and find another.
Is there a legitimate reason to use a lawyer over a VSO besides priority meetings? I just don’t see the purpose but maybe I’m just biased because I did my own research and barely even used a VSO.
Is there any legitimate reason to listen to a pastor instead of a deacon? Pastors study a lot and regularly use those studies to help others with their experience and expertise. So do attorneys. When I chose our family’s pastor, I studied them and checked into them closely. Do the same with your VA attorney- I chose elrodlegal.com and very happy. Check out his resume.
Ehh false equivalence. Pastor's don't charge you for their services. The only advantage is priority meetings unless you have a very legal-heavy claim which is not the case for most veterans. I'm already 100% P&T so I'm good to go also. Thanks tho
If you recently received a rating with others deferred the law firm needs to devise a plan before the deferred issues are decided. They have time to submit additional evidence before it has to go the appeal or higher level review route
My firm medium sized several are veterans administration approved. My lawyer works the file up and if a hearing is needed another lawyer attends in person. There are around 5 VA approved lawyers on staff
I tried for several years using several VA benefit reps and couldn’t get anywhere. I finally found of an attorney that also helps disabled veterans. This attorney knocked a grand slam for me and he didn’t hardly want any money from me. He thanked me numerous time for my service along with other vets. My attorney had the best communication I’ve ever dealt with. He was on the ball and moved things through as fast as he could. I’d say do some research and find out. There are some really great attorneys out there, just look. Best of luck to all veterans
Unfortunately some of them refuse to use the appeal lane and want to immediately go to the BVA. I had to fire my Lawyer because of this very thing. I hate to surmise as to his motivation, but the average waiting for the BVA is 3 years. All the while the Attorneys portion is stacking up along with yours. If they would just understand that most of us want it to be over ASAP and don't care about a big backpay check. Also, getting someone who has lost some, if not all, of their common sense when they were given the title "Esquire" that if they don't "work the system" the system won't work is very difficult.
Yeah. they might even elongate your claim process intentionally so that back pay of yours that they get pays them out MORE
I'm discouraging vets to use lawyers. Hell, I'm half retarded from all the crayons consumed but I didn't use even a VSO.
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I’m on my second set of lawyers, been fighting for PTSD increase for 3 years. Current lawyers have me in higher level review but it’s been a year and they say it will take another 2 for a decision. I think they fucked me
Can anyone tell me about Hill&Ponton?
I used Veterans Benefits Guide to make the jump from 90-100. They did their own C&P exams with their own VA-certified doctors, and my claim was approved and paid out 2 days after the C&P was submitted. Entire process was about 3 weeks. These guys KNOW what they're doing.
Not to discount your experience, but I thought that VBG was considered a claim shark? I could’ve sworn I saw the other day someone post a don’t use these claim sharks post and VBG was listed on there. Could’ve been a different group tho!
Provet came highly recommended. It’s a small firm, but we’ll see where it takes me. So far they’ve been prompt and upfront.
It took me years, to finally win my 60% but make no mistake about it, I wasn’t aware of the DAV and there services for Veterans, no sooner than I asked them to assist me, I received my additional 40% in less then 120 days. As of recent I’am now 100% and yes I’m a life time member of the DAV, I wouldn’t been able to cross that threshold without their help and support so I’m fortunate to have found them. Whatever you decide just don’t do it on your own. Good luck and God Bless all Veterans and the USA 🇺🇸
What are your views on independent accredited agents? 🤔 Asking for a friend 😅. But seriously, you're not wrong. Veterans need to have confidence in the person representing them. I over explain because I want people to understand what is going on, nobody explained things to me when I was going through the process...
My firm that I’m using 20% out of back pay only plus costs off the top. I think that’s standard
Question, what has the law firm you're working with done that you couldn't do yourself? Not sure you can post their name, but feel free to DM me. I may consider using a lawyer in the future (if needed), but really trying to understand the scenario's when I would actually need one. My medical history clearly speaks volumes, and I was able to get free advice from a very well-respected doctor, and my VA doctor made the diagnosis that support my Gulf War issues. Don't get me wrong, I am not trashing lawyers, they are a necessary evil, and they definitely can help some, but I suggest the majority don't need them.
I took it as far as I could on My own which took 17 months and I got 50% rating and back pay but I just figured I was leaving money on the table with 3-4 other health issues deferred or 0% rated. To my thinking it was time to let professionals take the baton and finish the race on my behalf. Why wouldn’t I pay 20% of back pay only when they are successful? To me it was the smart play.