Legal Question in Veterans Law in Georgia

disability increase denied

i was injured in training(usmc 83-93)85 it was documented as noticeable injury to L4-L5 two months after i got out i made a claim for the back rec 10 percent in 97 i had back surgury on the L4-L5 which has cause anumber of things - anyway they are saying the surgury was not military related what can be done?I also suffered cerv strain in auto acc 92 i was denied becuase they say they donot have documentation. cervicle strain was mentioned in the va letter assign rating the words were motivehicl accident in 92 showed cerv strain and no mention of back injury. why dont they look at that letter. more issues please cont me

Asked on 1/16/04, 5:25 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: disability increase denied

it sounds like your are making a disability benefits claim against the VA. If you need representation and advice, I recommend you contact a veterans' organization, such as VFW, American Legion, Vietnam Veterans of America, etc. Under VA law, attorneys cannot charge fees to veterans at any stage before the case reaches the Court of Veterans Appeals. At that stage, the federal government must pay for your attorney pursuant to a fee schedule. The idea of this is supposedly that veterans not be taken advantage of by unsrupulous attorneys' as the VA law offers many levels of administrative and judicial appeals and reviews. In reality, though, it makes it very difficult for veterans to receive adequate legal counsel until considerable time has passed. At the initial stages, you can only be represented by either a pro bono (free volunteer)lawyer or a veterans' organization, which may pay the lawyer they hire to represent you. While I very occasionally take such cases pro bono, I am not in a position to do so at this time. However, if it reaches the point where you have appealed to the Board of Veterans' Appeals and are turned down, your next step will be the Court of Veteran's Appeals and at that stage I might very well be interested in taking your case. I am a Vietnam veteran myself, and would represent you very zealously with a strong belief in your cause. Good luck to you. You can contact me at [email protected], or by telephone at (770)534-1057. Good luck.

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Answered on 1/18/04, 12:38 pm

Wayne Wisong Wayne Wisong, Attorney at Law

Re: disability increase denied

Just a follow-up. Another organization you should consider contacting for this type of claim is the Disabled American Veterans (DAV).

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Answered on 1/18/04, 12:41 pm

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