What is the most optimal moment to get a Lawyer for your claim? And what can a lawyer exclusively do regarding your claim?
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Thinking about getting a lawyer for a few claims but wanna make sure its worth it. Currently 80%. As someone who is a non attorney , but does have graduate level education and some knowledge of legal research as far as the CFR/USC and case law, im trying to wrap my head around “get a lawyer”. Specifically when and how a lawyer is advantageous outside judicial proceedings(BVA, CVA, Circuit).
Its my understanding that you basically get lawyer for 2 reasons:
1) for claims that are still denied despite having a nexus, current diagnoses, event
2) Last resort- repeated denials and have to take case to BVA, CVA, Circuit
what can a lawyer exclusively do regarding your claim? (serious question- this is not sarcasm)
a) can a lawyer file a document that the veteran or VSO cannot? if so what document?
b) Does the VBA and its employees give any formal or informal preferential treatment to a lawyer/ lawyer represented claimants? if so how? can any VBA employees here can elaborate? does a lawyer get a faster response time?
c) Can a lawyer pull any documents that a VSO cannot pull? if so what documents
d) Can a lawyer or lawfirm resolve a claim more efficiently? ie remove the footwork of the veteran and do it faster than the veteran? Basically the claim, scheduling, paperwork, medical appointments, vet friendly clinicians, pulling DBQs and IMO, appeals, HLR is ALL streamlined on autopilot for the veteran
e) Can a lawyer exclusively provide a legal opinion on any step of the claims process that a veteran cannot argue his/her self?
for example. Veteran knows the VSR/RVSR did not fullfill duty to assist- but only a lawyer is competent to argue that in an appeal
for example. Veteran knows negative medical opinion rationale is not sufficient in reaching a denial but only a lawyer is competant to argue that in an appeal
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