ptsd Need new attorny that can help with my claim, any referrals?

[sckfox]

My current "big name" legal team, seems to have forgotten about my claim and are too busy to return my emails. They've had my C-file for the last 6 months on a slam-dunk PTSD case. Is this a normal experience from those who have gone through this before?

I would appreciate referrals from anyone that's had a positive experience with an Attorney that get my case closed with the VA. Not sure what worse, the stress and effects of PTSD or the relentless grinding trying journey of getting awarded your claim.

Your help is appreciated.

 

[Buck52]

I agree Ms Berta

and veterans never need to depend on the VA Dr's Helping them  (claim wise anyway) some will  but most won't  & As Asknod  mention a few years ago  I think back in 2010   the VAMC has change up some of their procedures or regulations within the VAMC's Hospitals all across the nation  to the extent  sent out a memo letting VA Health Officials  D'rs and specialist know  not to get involved with veterans claims    or it will be grounds for Immediately  dismissal from there Jobs.

Its always worth it for a veteran to get an IMO/IME and an opinion letter /nexus  letter in detail from the Dr for them self before they send in a claim   and hopefully that is enough to S.C. and rate the veteran according to there symptoms  or how bad the disability is  according to the rating criteria.

All veterans need to do is call arounf different Drs and ask if they are veteran friendly and like to help veterans  and then the Vet him self can explain what it is he needs from the Dr  and take gis medical records that pertain to the issues at hand.

What I have found here lately is some Dr;s Office won't take cash pay  only insurance    so that creates a problem for veterans  thats why then need to call around  or talk to other veterans up at the VAMC While waiting on appointments   word of mouth from other vets that  have or know of a Private Dr  that likes to help veterans  and go see them   that little 200/250 $$ Opinion or Impression letter filled out in detail using VA Guidelines  would be worth it  and it usually helps 100% in the decision of approval  and no more waiting Nod's Appeals as such.

I am currently looking for a Private Urologist to help me  b/c the VA Dr's won't..and they say one thing to your face and make it sound all good   to only surprise the veteran in the MHV Notes   and say a completely 360% turn around of what they actually mention to the veteran at his clinical appointment.

We have no way to dispute the VA Dr's  when they do this.

If anyone has  please let us all know here on Hadit how you did it.

Edited December 13, 2016 by Buck52

[armorer]

It's just a shame there is a profit motivation for the lawyers to dawdle for years just to make more money.

A clause for more money for quicker response time seems to be the only answer I can think of: 33%, 25%, 20%, you're fired, next?

Place the percentage grades where they don't make ANY more money the longer it takes and ultimately would lose Present Value of money today for the same amount of cash value in the future. A big change in Appeal times may happen rapidly then: money makes the world go around!

[RyanS]

On 12/13/2016 at 2:24 PM, armorer said:

It's just a shame there is a profit motivation for the lawyers to dawdle for years just to make more money!

How else does a private practicing attorney or rep make money? No donations unlike most VSO organizations. I'm open to suggestions. Unless the lawyer is already a multi-millionaire resting on his laurels and does this for fun...profit is exactly a motivating factor for winning. Ergo the contingency fee. 

[Carl the Engineer]

I have said  this somewhere before, but in my world, if you file a claim, and the VA investigates, and the VA, denies, but later you win, you get "treble damages".

For one, the VA would do a little better job during the C&P,

And there would be less denials.

Just saying,

Hamslice

[broncovet]

I had a recent positive experience with Julie Glover, Glover Luck in Dallas Texas.  

However, make no mistake.  Attornies can not "bill" EAJA for detailed email responses, so dont be suprised when you dont get a lot of hand holding email responses.    (Of course, dont expect your VSO to return your calls or answer your emails either.   VSO's return about one call in 10)  

I did not need hand holding, so this worked out good for me.  By the way, EAJA paid about 6000 of my attorney fees.  I got a remand, and I dont yet know if I will get money, but I think my attorney will stay on them until I do.  

You need to make sure you understand this.  Attorney's dont make that much on VA cases, AND they often have more Vets than they can serve, so they can/do choose the most winnable cases.  

I dont recommend you switch attornies unless you have a compelling reason.  A compelling reason is NOT that they dont return every email question because VSO's dont do that either.  VA employees NEVER return calls or emails.  

By the way, since EAJA paid 6 grand in fees, this means that I dont have to pay that.  In other words, if I get 30,000 or less in retro, I will pay 0 in attorney fees.  If I get 40,000 in retro, I will pay 2000 in attorney fees.  (The 6000 is always deducted from any fees, since it was already paid by EAJA.)  In other words, 40,000 times 20% is 8000, minus the 6000 already paid by eaja means I will pay just 2000.  

I think you should consider sticking with your lawyer.  However, if you do have a compelling reason to switch, then try Julie Glover.  

 

Edited January 4, 2017 by broncovet

[Gastone]

How did this "Slam Dunk" end up at the CAVC? How about an appeals Time-line? If I understand your post, your RO Rating Dept, Maybe a DRO, and the BVA Hearing Judge didn't realize your Claim/Appeal was a "Slam Dunk." How about posting redacted copies of your Denials? What exactly was your recent CAVC Decision, full Award or Remand?

What's your BVA/CAVC Docket number?

I've never been to CAVC. Good friend just got his CAVC case remanded. He couldn't find a VA Legal Firm, including Attig's, that would rep him at the BVA back in 14/15. I had recommended Attig's firm, so when they begged off, citing their plate was just too full, I suggested the DC PRO BONO Legal outfit (NVLS). His BVA Case was Denied and NVLS took it to the CAVC.

Docket # 15-274 1/22/15, both issues Remanded 11/28/16. CAVC Awarded NVLS Legal Fees of $16,578, all of which is paid by the VA. Remands are considered Wins, as far as CAVC Legal Fees are concerned.

Complete break-down of Fees posted as associated Docket attachments. The NVLS  itemized Legal fees, made for a very interesting and informative read.

The Hrly Legal Fee Award Rate starts at about $135.00 and goes up to just above $400.00 per hr, depending on level of expertise and/or yrs as a Lawyer.

Do you have a SC PTSD Rating Now? Do you have a Combined SC Rating now?