Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sign in to follow this  
Lemuel

Need attorney for Wyoming or California

Recommended Posts

Need an attorney for Wyoming or California for a complicated case.

SF-95 Tort case.  Reopening of class action case:

19880802 Bray vs Derwinski docket log.pdf

Have some cash and credit for costs expected to be over $100,000 to get through discovery if we can get that far.  Will pay hourly for start effort.  Then law allows 20% to 1/3.  possibly 40% for my individual case contingency since two state action.  A lot of recent NIH research publications providing new evidence. 

Mr. Bray claims a “legal disability” under Mr. Curtis’s cited Title 28, Section 2401 (a) of 3 years from August 15, 2015 instead of (b) and further claims a “Misrepresentation of Facts” under the citation of Title 41 in Title 28, Section 2401 (a); Section §7101 (9) definitions of Title 41.

 

In addition to the stated claim on the SF 95, Mr. Bray will be asking for a 1/3 to 40% of the award to him to be added for attorney’s fees plus additions for costs, expected to be substantial because of complicated discovery and expert witness evaluations, because of the alleged misrepresentation of facts should a court filing become necessary. 

Edited by Lemuel

Share this post


Link to post
Share on other sites

WHY?     More info is always better than less.

Is it for an Appeal (DRO or BVA Hearing)? The Retro Amount Legal fee at 20% could dictate the availability of a VA Lawyer.  For a BVA or CAVC Appeal, you certainly don't need a Wyoming or CA based VA Layer.

Semper Fi

Share this post


Link to post
Share on other sites

Thanks for the response, Gastone.  I edited the post.

I have a positive BVA decision with TDIU back pay to July of 2009 from 70% less 20% attorney fees for a Rhode Island attorney who helped me get this far.  She has withdrawn because of family needs.  This will be a long case, require much work, and her practice in Rhode Island was pressing her time.  Plus she couldn't represent in Wyoming where I wanted to bring the case for court and law friendly reasons.

I raised the issue in 1987 and began the case quoted above in 1988 with other veterans.  New representatives of the classes will probably be needed because I no longer have contact and believe the individuals besides myself are probably dead or totally incompetent by now given the degree they degenerated in the years I knew them.

The 1987 date is in remand.  My last full time employment was in 1985.  I had a part time job working for Fred McMurray's business manager from 1987 to 1990 when I finally gave up trying.  The McMurrays paid me 4 days a week for a job that had previously been done in less than 3 days per week except during audit.  (The actor)

Share this post


Link to post
Share on other sites
  1. Also for more detail, I'm in a dialog with Berta under my post, "SF - 95 Tort Claim.

Share this post


Link to post
Share on other sites

 

https://www.schmidtandclark.com/veterans-affairs-va-hospital-medical-malpractice

http://www.veteransmedicalmalpractice.net/?_vsrefdom=vmm_google&gclid=CNT5r_HShtYCFRy5wAodfnMBmg

https://www.cunninghamgroupins.com/all-md/wyoming/

http://www.attorneys.com/medical-malpractice/wyoming

There are many malpractice lawyers in Wyoming.

This is the search feature I used for more:

https://www.google.com/search?q=VA+Malpractice+lawyers+Wyoming&rlz=1C1CHBF_enUS695US695&oq=VA+Malpractice+lawyers+Wyoming&aqs=chrome..69i57.9279j0j8&sourceid=chrome&ie=UTF-8

The first link indicates they have had VA Tort experience, but other firms in the links m,ight well have dealt with Torts against VA too.

Some might appraise your case via email.

They will want to know when you first learned of the malpractice.

This is the Statute of Limits date.

They will want to know what additional documented disabling problems the malpractice has caused you to have.

They also will want to know what documented medical evidence you have of the malpractice.

Malpractice/negligence has a paper trail (or these days -an electronic trail)

For 'failure to diagnose and treat' cases they need documented evidence that a timely diagnosis was not made, or that a wrong diagnosis was made, causing the wrong treatment to occur.

Sometimes it is the wrong treatment that causes or contributes to  the basis of the Tort claim.

I already explained that here in my FTCA case.

I also had charged the VA with "omissions of acts" that led to his demise due to their malpractice.

With 100% now, I am sure you know of the FTCA Offset factor.

That is explained in the FTCA forum here.

I am still unable to open the downloads in your prior post.

Lawyers seek medical evidence, from the medical records themselves, to support FTCA cases.

It can be a daunting job, and I recommend that copies of  some of the medical evidence should be sent with the SF 95 form.

As I mentioned in your other post, I took them step by step,narrowing down the exact time and day the malpractice occurred in one VAMC and then how another VAMC tried to cover it all up.

I also proved a motive -which is not needed for FTCA cases but the motive bolstered my case. I knew why the initial VA malpractice happened.

 

 

 

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Lemuel
      I have a BVA decision.  Partial grant, TDIU back to July 2009.  Partial remand to consider back to first application date October 1987.  Partial denial of tinnitus back to July 1974 from October 1987.  I never claimed specifically tinnitus.  My claim was for loss of hearing (hearing problems which were written down by the clerk as hearing loss) in July of 1974.  Tinnitus was granted in October 1987 on a review of the record by an RO.  I believe it should have been granted back to the first claim for hearing as hearing is a system.  Part of the difficulty hearing is tinnitus and part a high frequency hearing loss. Also denied was compensation for the wrist because I didn't say specifically the thumb.  My contention is that the wrist and the hand are a system.  The surgery fused the proximal phalange of the thumb to the carpal bones (used to be greater and lesser multangular but names have changed.) It is a combination loss of use.  The thumb and wrist.  Dorsa flexion of the wrist is not compensable under the schedule but the loss of use of the thumb which wouldn't be a loss if I had full wrist dorsa flexion.  Both claimed in 1974 as "residuals of wrist surgery" to repair an injury.  A net 10% increase in back pay.
      Do you think an attorney could get a favorable decision?  My current Rhode Island VA accredited attorney doesn't want to spend the time doing it because of the difficulty.  Because I didn't specifically claim the items which I claim are inclusive in the claim and should be granted under CUE.
      The adjudicator in Hawaii who did my 1974 claim did a thorough investigation of my accident injuries for "in the line of duty, not due to misconduct."  And granted 0% for hearing, 0% for wrist injury residuals, and 0% for residuals of facial injury and surgery.  No examinations were done.  It turns out that in 1985 I was diagnosed with traumatic brain disease, 8045-9304, and rated at 30%.  My employment record shows that I had continuing problems following discharge.  My contention is that this is a CUE by the adjudicator for not following relative 38 CFR  articles 4.1; 4.2;4.3; 4.6; especially 4.10; & 4.13; .  But because I had no examination I have only the 1969 inpatient records and a couple of 1969 and 1970 Enlisted performance records to prove CUE.  Can it be done?
    • By Lemuel
      Are you a potential class representative for a class action re: deceptive practices that have denied veterans compensation?
      Cerebral Malaria victim who had hospital summary of rehabilitation instead of acute phase and not stated as rehab summary inserted in military health record leaving VA physicians and adjudicators to believe the case of malaria was mild.
      TBI victim who has others complain that you are "drifty", unable to concentrate, frequent loss of train of thought, motor vehicle accidents and frequent near accidents, etc. indicating partial or complex partial seizures that have gone undiagnosed.  Self denial is usually indicative that you have become anosognosic.  Study done in late 1980s and early 1990s found EEGs with sharp temporal lobe tracings were "psychogenic" instead of indicative of temporal lobe seizures.
      Artillery man or Gunner's mate who has had a rough time after military service compared to others with induction test scores in the same range?
      Need representatives of classes to reopen 1988 class action based upon recent NIH studies.
      I began writing letters to the Secretary, Congressman, Senators and Regional VA Centers in 1986 after being diagnosed with a "subtle" traumatic brain injury. 
      In PTSD groups, I noticed many individuals had the same symptoms I had and when questioned they fell into 3 categories, some in more than 1.  TBI, p. falciparum malaria, and heavy artillery or naval guns firing more than a few hundred rounds.  These categories have been confirmed by recent NIH studies with regards to organic brain syndromes.
      I believe the categories above, which often result in anosognosia, permanent as opposed to transient from intoxication, often result in suicide.  (getting the keys from someone who has had too much to drink) Anosognosia is not being able to recognize a dysfunction as opposed to denying it to protect one's ego.
      I filed a court case in U S District Court, Central District of California on March 3, 1988 Case no.  88-6276 with other veterans as a class action and am submitting a petition to reopen the case based on recent NIH studies that have confirmed out allegations at that time.  The hope is to get veterans compensated at least back to March 3, 1988 for TBIs as well as cerebral malaria victims compensated from that date or the date of their onset whichever is later.
      Needed are new representatives of the classes, individuals with TBIs, cerebral malaria and exposure to gunfire who have not kept up in earned income with their counterparts who are within 10 points of their primary induction test scores.  (proof of disabling effect) I have lost contact with the former class representatives.
      I am in the process of an SF-95 medical malpractice tort claim for failure to diagnose and treat partial and complex partial seizures.  The case will be filed in Wyoming within 6 months of August 28, 2017.  I will attempt to have the Central District of California Court case transferred to Wyoming and Joined with the Wyoming filing.
      Anyone wishing to join the effort please contact me at lembray@gmail.com.  Also needed is an attorney to take up the case either in Wyoming or California.
       
    • By Victor Ray
      I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks
      Victor Ray
  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines