Need Some Referrals

[mssoup1]

I live in Roanoke, Va. and have been helping a veteran with his claim. He has already exhausted his BVA appeal. He was denied his claim. I still think because of the screwed up way his C & P exam was handled and the little weight that was placed on his IMO and lay evidence they used put him at a great diadvantage. Also, his BVA hearing was a joke. He had a very rude law judge and all he did was look at his watch and rush us on like he didn't have the time to spend with us. Does anyone know a good lawyer that he can contact that might now help him with his appeal to the CAVC? I think he has a good appeal, but I do think he deserves the help of an attorney that can help him at this point, since he can't go any further than this with his claim. I have heard the name Ken Carpenter. Any input on him or anyone else that you or someone you know has had a good experience with?

Thanks for any help ou can give me.

[Guest Berta]

If he files at the CAVC, as soon as he gets on their docket he will hear from many lawyers-

Best thing to do is access their work through a search at the CAVC web site-for other vets they represented or-

you could do what I did- years ago when I was on the COVA docket-I asked a few of them for actual VA cases they handled-and I looked the cases up-

I have a vet who the VA wanted to award his CAVC lawyers over $8,000 and between you and me they did nothing to help his claim.

I wrote an NOD for him-with evidence-

and Va's own legal fee laws,

to try to gain back about $4,000 of that .

The VA will pay them even if they do diddly squat-if you succeed in your claim.

If you have evidence that questions the amount

for other reasons (which I found this vet had a bonafide legal argument)

you can challenge a fee agreement.

[mssoup1]

Berta,

I'm new to the CAVC process. Could you shed a little light on what we need to do first? What do we need to do to get on the docket? I know that you have a lot of experience at this stage and any information you could give me to get the ball rolling would be greatly appreciated.

This is a complex case that we're fighting, but the biggest screw-up came from the C & P exam. He was given a C & P exam. We fought the exam as being inadequate. They gave him another one by a physicians assistant. She wrote favorably for him, but then when the VARO e-mailed her to clear up the difference in the reports. she e-mailed the original examiner at home to get information from him on the opinion he gave. She then changed her opinion and said that she went along with the opinion of the first examiner, which was unfavorable to the veteran. One big question I have is how he could have possibly given her any information via his home. By the way, the original examiner was home sick that day. He didn't even have the veterans record to look at. The BVA used this to rule against him, as well as other issues. He also had a buddy letter stating that while he was not at the actual scene of the accident that the veteran had, he was aware that it had happened and the veteran complained of being hurt. The veteran had also told him what happened. Because the buddy letter did not state that he could remember the exact day that this accident occurred (after all it was years ago) and that he was not an actual witness to what happened, they threw his statement out the window.

The veteran is really at a low point at this stage and anything I can further help him with I will. But, I need your help and the help of anyone else on the Board that can steer me in the right direction at this point.

I will also find the BVA docket number so you can read it and see what you think.

Thanks,

Mssoup1

[Guest Berta]

http://www.vetapp.gov/AboutCourt/HowToAppeal.asp

This is at the CAVC web site and I noticed they have a list of lawyers there too.

The Notice of Appeal must be filed within 120 days of the mailing date of the BVA decision.

I certainly feel every vet should ask for the $50.00 waiver for the filing fee.

You mentioned a buddy statement- these have to have enough detail to show that the buddy was actually at the scene of the incident the same time the veteran was.

Also they should be notarized and the buddy should clearly state their inservice MOS as to why they were there too-if a vet was amphibious tracter battalion, 3rd Div MAr , and the incident happened on or about Oct. 1967-

the buddy obviously would most likely have to have been amphibious tracker batt ,3rd Div- Mar too, during the same time frame-or in a unit in support with first hand account too-

I also think a buddy should definitely give the VA their phone number and email addy.

A claim cannot usually really rest solely on a buddy statement-there is usually something in the record to back it up-

Do you have a copy of the initial favorable C & P exam?