Do most file their own SF-95s.

REPLY:

Dude, you are coming into this all
new. We are pursuing free lawyers
through creative funding to the
national Legal Aid Society system.

This is an old post that you are
replying to.

Oh yeah one more quick note. Almost all of VA law is simply adminstartive law, so any attorney who is well versed in that can handle a VA case, so they may charge you for any special licenses or whatever, but they can handle the litigation.

Okay look heres what I've learned. Remeber I started law school, and have been fighting the VA for over 8 years now, well actually since 2001 as a vet. While still on active duty I was awarded 100% in Tamapa, but only getting ten since my discharge. Well I asked this why can't you get attorney for a VA case. Well in AL its because our state constitution to protect its vets put limits on how much the lawyers can charge. Well thats all well and good, but it averages out to about ten bucks an hour for the lawyer, and as I can promise you can't pay your school debt for that. So maybe if we searched and asked our reps to pass a higher bottom for the legal fees then we could get decent lawyers for our cause. I have often thought of strictly working for the vets upon my completion of my education, but one of my professors asked he how I was to feed my family. So maybe before we blame the lawyers, we should look at the whole system. If you will look around and like others mentioned find the ones who have prior experience with the military you can find ones who will take VA cases. I know the names of two in Alabama, but only one that will take any VA case the other will do it on a case by case basis. The one for any case is Richard Rhea he's out of Gasden.

Thank you again so much. Well, I am new to all of this--and I have read as you suggested. Sometimes I think I have Alzheimers. You are so knowledgable--your work here is obviously so vary important. I commend you. About the lawyer fees--I was indeed talking about contingency. I'm not insensitive to the plight of those without "up front" money--I live there too. It's a sure bet if you don't have a wad of money you don't get quality legal or medical care. Thank you for your work on evening the field.

REPLY:

First you need to just spend more
time in this FORUM page and read
the many posts to catch yourself
up to the news. I cannot go back
and be a one to one answer factory
for every individual who passes
through here. The responsibility
is yours to catch up on existing
readings.

The lawyers eligible to practice
for Veterans claims before the
U.S. Court of Veterans Appeals
are listed at their website:
www.vetapp.gov

All other lawyers are listed
in Bar Association websites or
try Lawyers.com or Attorneys.com

I am confused on your questions
between Corrine Brown and Ginny
Brown Waite. Ginny is on my
daily advocacy runs and is more
than aware of the lawyer crisis
with Veterans and has done nothing
about it herself over a 2 year
period.

Knock yourself out, is all I've
got to say because we've all
been there and done that on
lawyers do let us know if you
find one that doesn't want a
minimum of $3,000 up front just
to start your case. As for the
mystery, where do you suppose
that comes from when Veterans
are trapped in poverty on disability?

You "assume" way way too much
about the willingness of Veterans
to pay money wealthy lawyers
who could just as easily hand
out contingency fee agreements.

SORRY I think I made a boo boo above in referring to the member of the House Committee on Veterans' Affairs--It is Ms Ginny Brown-Waite. (Not the same as C Brown)

Thank you for your reply. But it opens a new can of questions. First-because it is short- what is Form 10-0381? Second- is VSO's like the VFW- who helped my husband file for disability or pension...which was promptly (not too promptly) denied some years ago? Third- why would lawyers wanting money be a problem? The law allows for 20% during SF-95 and 25% after. Add in a few fat expenses and mark-up on experts and any attorney worth his salt could clean up nicely by specializing and keeping a trim Vet staff of detail oriented whiz kids er Vets. What I'm trying to say is that there HAS to be attorneys working legit cases somewhere. I know of one who filed a SF-95 for 12Mil (according to a media account) and 20% of that isn't chicken feed. Yes I contacted him-he passed me off to someone else who has sat his A.. on it and done nothing--which is why I'm looking for an attorney. So have you come across any other names besides Graham? Yes I contacted him too (see my post). Seems to me some inportant (nationally known) vets could be asked/solicited to advocate for VETS legal needs. HOW about a bunch of letters to Bill O'Rilley(sp?) of Fox's The Factor to stir up the need for Vets justice--or Oprah. I must admit my letter to Obama hasn't netted an answer yet-but I'm not practiced at writing. Even so I'm thinking of writing to Ms Waite-Brown (D Fl) who is on the Investigations Sub-Committee in the House of Reps. She seemed genuinely pis... at the mess that went on at the Marion Ill VAMC and all the dead VETS because of it. She also has alot of experience with doctors and malpractice and knows the impossible fight. Maybe she can get some lawyers off their butts and representing VETS and their families. Why don't you write her too--and the others. One final question--can the cases be looked up? For example, I looked up a bunch of comp cases years ago in a supreme court library--all the lawyers were listed in the documents. Is it the same with VA cases? Where can they be looked up?

REPLY:

Well you have hit on the great
national problem that we are
faced with and why we have
come together at THIS website.
There are few and far between
lawyers who are helping veterans
at all, most want money, and
others are leaving us like "prey"
to the VSO's (veterans service
organizations) who are NOT lawyers
at all but just "other Veterans".

We are opposing this and working
towards the common goal of getting
free licensed lawyers available
to Veterans.

The Legal Aide Society locks us
out by income.

The VA has established an entire
hostile vicious legal system against
medical patients and then leaves
them to scratch with nothing but
VSO's to do legal work got them,
with not a single licensed lawyer
among them and most of which do
not handle SF-95 procedings.

That is why we are here.

So how does one go about finding a lawyer to file the SF95? Is the time limit 2 years? Why isn't there a site or forum recruiting and distributing attorney info for Vets/families who need help??or have I simply not found it?? Someone in this country surely has had an attorney in a successful case of malpractice. Is it against the law to share the info..From where I sit it feels sadistically cruel--but then I'm so frustrated and angry that I have been unable to get advocacy or information, I know that colors my view. It seems that somewhere a good attorney would love to jump on a case where the defendant has already made half the plantif's case via investigations and Congressional Hearings. Or how about attorneys that are actual VETS and give a sh-- about their fellow VETS rights or justice. Any of those out there?

REPLY:


Either Veterans or a designated lawyer
can file an SF-95 Federal Tort Claim.
The same is true with VA Form 10-0381
Civil Rights claims. Both are tricky
to succeed at, so if you have poor
reading or writing skills, it is
recommended that you use a lawyer.