VA Benefits/Military Disability lawyers? (1 Viewer)
- Thread starter aaronrules
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I have a coworker using a paid service--he hasn't finished the process yet, but they seem pretty competent. If you are interested, I can send the company name over.If only I could get one to reply to an email.
The difficulties of retiring overseas.
Is it his initial claim or a re-file?
If they're able to do initial files I might be interested. Most pay services don't deal with initial claims.
Everyone will say it's silly to pay a business to file when VSOs exist, but I'm thinking the very fact that VSOs are free means incentives for performance aren't really there.
You aren't too far off the mark there but there is a market for competent people to do claims, and competent doctors to complete the exams and write their reports in a way that satisfies the box checkers at the VA.
My co-worker's is a re-file, but I know that some companies do initial claims as well. Consider the following from my own experience:
-My DAV rep was very competent and put EVERYTHING into my claim that should have been there, including my broken nose (more on that in a minute)
-The VA scheduler scheduled me for appointments with contracted civilian doctors who conduct the C&P exams for the VA--I don't know what the vetting process is, but, I am pretty confident that they don't have to study the code of federal regs that covers VA disability.
-The VA scheduler either failed to schedule me for an ENT appointment, or the ortho doc that was supposed to examine it forgot or declined--thus my nose was not examined.
-Because my nose was not examined, the VA returned a finding of "Not service connected" even though I was kneed in the face by another Marine, at a unit mandated training event, on a base, while in uniform.
-Two-plus years later and I'm still fighting with them on that, even though a correct determination would really make no difference to me.
Now, contrast that with an organization that has trained doctors who have studied the CFR, understand the verbiage that the VA is looking for, and are actually being paid a fair rate for their time (I'm sure you've seen a tricare EOB--doctor charges $2k, tricare pays $250.) In addition, the organization has trained lawyers who are familiar with the CFR and are paid a fair rate to make sure your paperwork is done correctly. When the VA rater receives something that is done "correctly," it facilitates the box checking, and off you go. If the rater has to try to interpret what the doctor wrote into CFR language, it seems that the default position is to deny, and then make the servicemember re-apply. I want to emphasize here, that there typically isn't any funny business going on with these places--they won't fake your paperwork or diagnose you with something bogus--they simply know how to speak the VA specific language...like hiring an interpreter. My DAV rep was really good--but my claim form did not look professionally prepared, and I had a hard time reading some of what was written--the universal truth of "getting what you paid for" applies.
I don't know what any of those companies charge, but the numbers I've heard thrown around would be eclipsed within ~6 Months by your disability payments if you ended up at 70%--obviously faster, the higher you go. I'd wager that 95% of military retirees rate 70% or better--without any fudging on the paperwork.
All that to say, is that in your case, since you are retiring from overseas, it might be in your best interests to hire a company to do your claim, fly back to the states ONE time to conduct your exams, and then move on with life.
I can gather additional info if you'd like.
S/F,
Dan
You aren't too far off the mark there but there is a market for competent people to do claims, and competent doctors to complete the exams and write their reports in a way that satisfies the box checkers at the VA.
My co-worker's is a re-file, but I know that some companies do initial claims as well. Consider the following from my own experience:
-My DAV rep was very competent and put EVERYTHING into my claim that should have been there, including my broken nose (more on that in a minute)
-The VA scheduler scheduled me for appointments with contracted civilian doctors who conduct the C&P exams for the VA--I don't know what the vetting process is, but, I am pretty confident that they don't have to study the code of federal regs that covers VA disability.
-The VA scheduler either failed to schedule me for an ENT appointment, or the ortho doc that was supposed to examine it forgot or declined--thus my nose was not examined.
-Because my nose was not examined, the VA returned a finding of "Not service connected" even though I was kneed in the face by another Marine, at a unit mandated training event, on a base, while in uniform.
-Two-plus years later and I'm still fighting with them on that, even though a correct determination would really make no difference to me.
Now, contrast that with an organization that has trained doctors who have studied the CFR, understand the verbiage that the VA is looking for, and are actually being paid a fair rate for their time (I'm sure you've seen a tricare EOB--doctor charges $2k, tricare pays $250.) In addition, the organization has trained lawyers who are familiar with the CFR and are paid a fair rate to make sure your paperwork is done correctly. When the VA rater receives something that is done "correctly," it facilitates the box checking, and off you go. If the rater has to try to interpret what the doctor wrote into CFR language, it seems that the default position is to deny, and then make the servicemember re-apply. I want to emphasize here, that there typically isn't any funny business going on with these places--they won't fake your paperwork or diagnose you with something bogus--they simply know how to speak the VA specific language...like hiring an interpreter. My DAV rep was really good--but my claim form did not look professionally prepared, and I had a hard time reading some of what was written--the universal truth of "getting what you paid for" applies.
I don't know what any of those companies charge, but the numbers I've heard thrown around would be eclipsed within ~6 Months by your disability payments if you ended up at 70%--obviously faster, the higher you go. I'd wager that 95% of military retirees rate 70% or better--without any fudging on the paperwork.
All that to say, is that in your case, since you are retiring from overseas, it might be in your best interests to hire a company to do your claim, fly back to the states ONE time to conduct your exams, and then move on with life.
I can gather additional info if you'd like.
S/F,
Dan
Great info Dan! I really appreciate the rundown!
Definitely interested in hiring a service (if available to file BDD/Initial claims) to get it done right the first time by people who know how to properly word the 21-4138s and get the DBQs sorted. The easier it is for the VA folks, the more seamless the claim will be. Especially since I'm looking at 16 claims.
I've heard too many stories of folks having to file multiple times over several years to get a decent rating. Sure they'll get back-payed, but the headache doesn't seem worth it, to me at least.
Thanks again, let me know what you find out. No rush. Like I said, I've got some time. Probably filing in Feb/April.
