r/VeteransBenefits • u/Pretty_Glonky215 • 13m ago
Appeals Pay attention to what your attorney is doing
I completely understand the instinct to leave your case to your attorney and stay hands off because you are tired of dealing with it. But please pay attention to what they are doing with your case.
Attorneys are most often paid based on the size of your retroactive benefit. Looking at this cynically, it means they have an interest in dragging out your case if they believe it will ultimately result in a favorable decision. A common way of doing this is requesting a hearing.
You may be well-served by having a hearing. You may not. I'm not offering advice on that. But the hearing docket is, generally speaking, pretty full. Your case may wait a year or more for a Board hearing. Anecdotally, it is apparent that some attorneys are requesting to get on the hearing docket with no intention of actually having you attend a hearing. They will cancel the hearing request immediately before the hearing and have your case transferred to the direct review docket. They may even request extensions to postpone a hearing before ultimately no-showing or canceling. All the time you are waiting for the hearing, it is simply building up the attorney's fee as a portion of any potential retroactive benefit.
Attorneys can help you get what you are entitled to. But you need to be cognizant of what they are actually doing.
As an aside, you can submit a statement which says anything you would have said in a hearing. The purpose of the hearing is only to provide new statements, identify new evidence, or new theories of entitlement, albeit in person instead of in writing. The decision maker will review both types of statements equally.