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San Antonio And/or Texas Attorney For Nod And Dr. For Ime?


gillespie

Question

After waiting a year for my C&P exam the examiner refused to address any of my issues she considered "secondary" to my primary injuries even though I had supporting Doctor's reports; MRI's; X-Ray's and other supporting documents.

The rating letter arrived today and the rating was not changed, so no surprise there.

I need to file a NOD and would like to get an IME done as well.

Are there any peer recommendations in Texas, particularly the San Antonio area for an Attorney to consult with on the NOD and a Physician to do the IME?

I have the information on the Attig Law Firm, Dr. Anaise and Dr. Bash from prior posts and can go that diretion if there is no local San Antonio or Texas recommendation(s).

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WaaaaaaaaaaaaY to early to be jumping the gun and hiring an attorney. Just file your NOD yesterday then decide do your want DRO Review, DRO Hearing or BVA Hearing. You can tell the VA right away on your initial NOD filing what you agree and disagree with and what type of hearing you want. Some advise to wait for the VA NOD Receipt acknowledgment but I never did. From jump I listed the Issues and my request for a DRO Personal Hearing. Get your NOD filed then due your due dilgence and get VA Claims and Appeals educated. Knowledge really is Power so get it.

No matter what you decide, DRO or BVA pack a lunch, anywhere from 21/2 to 41/2 years for your hearing. After you file your NOD requesting a DRO Hearing you can always cancel the DRO and request a BVA. I had (3) VA Accredited Attorney interviews about (4) months before my DRO Hearing was finally scheduled. The (2) National firms wanted me to sing and cancel my DRO and proceed to BVA. (1) local attorney that I did a face to face agreed with me regarding waiting for DRO. She did a cursory review of my case and said I should prevail at the DRO. Said she would do the DRO for 20% of Retro if I didn't think I could handle it. I was awarded all major $$ issues from a 2010 & 2012 NOD at the 6/14 DRO "Informal" Hearing. Lucked out with the "Informal," the DRO decided to address the 2012 NOD for IU. If I had been denied, the local attorney would have been my choice for BVA representation.

After following Chris Attig's Vet Law blog, starting end of 2013 I purchased a couple of his E-Books and used a number of his recommendations that I believe were instrumental in my 2014 DRO Awards. You definitely need to spend some time reviewing his past articles. When the time comes for a lawyer, having his firm look at your case would be a wise investment of your time. All legal firms will give you the "FREE" consultation. If there isn't enough Retro to be worth (20%) their while Attig's will at least tell you what they think of your case. That's what they did for a friend of mine that I referred to them (mid 2014) that had a BVA SMC-K that was about 5 yrs old. 20% of at the most $6K = $1200.00.

Semper Fi

Gastone

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Be sure and use the 21-526 (b) form attach it to your NOD! After the date 3 -15 -15 All inquiries must be on the correct form or VA will reject it.

I would suggest (if you can afford it) for you to go get an IMO and have the Dr to address it in VA Wording /Guidelines you can use hadit guidelines.

if you have good strong favorable medical evidence that's just as good or better than getting an attorney..... jmo

Good Luck!

..................Buck

Edited by Buck52 (see edit history)
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Heres a link broncovet put up its has great information

....................Buck!

Edited by Buck52 (see edit history)
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Just went back and reviewed M21-1MR part 1 Chapter 4, NODs & DROs. I guess some of this should be common sense but might be good for a recently denied Vet to review. My jerking around for almost a year actually added a Year to my DRO Hearing Request, 09/10 to 06/27/14. I swear it really wasn't my fault, Riiiiiiiight!

Stands to reason any outfit as squared away as the VA actually has written regs for scheduling DRO and BVA Hearings. 1st come 1st served, easy and makes sense. Actual Hardship cases can get a bump to the front and that's only right.

I think as long as a Vet is absolutely 100% certain that his NOD has been filed (by him or his REP) requesting exactly what type of Hearing he wanted, his time would be better spent being sure any and all New & Material Evidence is in the hands of his VARO. That hearing will eventually take place in the next 2 - 6 years.

Somebody always has or has had it worse than us. Just think about the Old Corps guys that didn't have Uncle Al's Internet. No Hadit, VA Watchdog or any of the many other Vet blogs. They had to feel lost without access to Govt rules and Regs. Probably had 7+ year BVA Appeals.

Semper Fi

Gastone

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If I was using a VSO or DVA VFW Ect,,,ect,, I would make sure they sent/filed everything and ask them for a copy of what they sent and hopefully a return sign receipt...if they don't have that I would definitely send those copies in myself.

with return sign receipt.

.................Buck!

Edited by Buck52 (see edit history)
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