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Q663: I have a VA law attorney working on my claim. The guy said my claim is a sure thing. I should get approved for a lot of disabilities due to Agent Orange exposure. Here’s the problem. I think this guy is sitting on my claim to increase back pay so that he gets a larger pay day. He’s had my claim for 6 years now. Is there any way I can force this guy to finish my claim right away?
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A1: You do not say what your relationship is with this lawyer. If he is one of those 'free' lawyers who get a percentage, usually 20 percent of your claim if you win then fire him. Unless you signed some document saying he gets something from you besides the percentage of the claim you do not have to maintain the relationship. Lawyers are going to try to maximize their profit. Usually those who represent veterans for free settle for lower claims and make up for it by having lots of ongoing claims. Nothing is a sure thing with the VA. Talk with reps from the American Legion, DAV, VFW, etc. in your area. Good Luck. (JD) 2/9/21
A2: I think you should speak to a see service agent from the VFW or American Legion. It may take awhile but they won't charge a fee. (LC) 2/9/21
A3: Well, the only sure thing with the VA is that there is no sure thing. Don't know if your claim is before BVA or the Court of Appeals for Veteran's Claims. It is not unusual for these claims to last six years or more. We, and attorneys, are at the mercy of the BVA or the CAVC. You cannot force either to do anything. You could fire your attorney, but, the VA will still pay them because of the fee agreement unless the attorney waives the fee agreement. (DS) 2/9/21
A4: It does no good for him to sit on it, as your effective date is the date the VA receives your claim. Back pay is equal to the percentage times the number of months. Like 10% is roughly $144,00 and it takes 10 months the back pay $1440.00. You can contact the VA or go on ebenefits to see the status of your claim. (GR) 2/9/21
A5: I don't know why you got a lawyer involved. You earned what you are asking for and don't need to share it with anyone except your family. Call 1-800-827-1000 and ask where your claim is and what you need to do to get the ball rolling. Never give up. You earned it! Good luck! (EA) 2/9/21
A6: I have sympathy for you. If you had used an Accredited VSO from the DAV, VFW, Am Legion, Am Vets or another veterans service organization you probably would not be in that situation. Those VSOs cost nothing and expect no monetary gain for themselves or who they represent. I advise you to seek out an Accredited VSO from one of the Organizations. The VSO can explain how to break the clutches of this attorney. Also, the Service Organizations also have attorneys at the National level that are also at no cost to the veteran. (GH) 2/11/21