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


    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:   


  • 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  

Need attorney for Wyoming or California

Recommended Posts

I've tried all of the listed Wyoming attorneys who handle veteran's cases and medical mal practice.

I'm going to have to use your template to identify the specifics.  Problem is in many cases I'm going to have to refer to many documents which are missing but can be proved to have existed by other documents and it covers many years.

It's a long shot but I'm going to give it a try.  Hopefully, I will at least be able to get another reporter to take it up for an investigative report that will shame congress into doing something the way they did on the 2008 TBI report.

Thanks for your concerted effort.

Share this post

Link to post
Share on other sites

Is there a "Readers Digest" version of who you're Suing and the Status of the Suit? Has Discovery been completed? I take it that this is now a Civil Action against who, the VA or a private Medical facility?

Any redacted copies of Court Filings could be extremely informative.

Didn't your original Attorney attempt to broker or refer your case to another Firm?

Just read your last post, don't let the pursuit of this put you in the ground. Not very many Law Firms are in the market for High Initial Expense Long Shot litigation, could be a very tough sell.

Semper Fi

Share this post

Link to post
Share on other sites

The personal claim is SF-95 tort claims filed with the Navy and VA appropriate offices.  The VA GC is responding for both.  A negative response was received:

20160420 SF 95 Claim Navy.pdf

20160420 SF 95 Claim VA.pdf

20160908 SF 95 negative response.pdf

20170209 SF 95 Request for reconsideration b.pdf

20170317 VA atty letter 001.pdf

20170724 SF 95 Amended settlement offer.pdf

20170731 Discovery plan FAX.pdf

The above documents are what Ann Gavin-Lawrence in the VA General Counsel's Office has to date.  In response to my question on a call a couple of weeks ago Ms. Gavin-Lawrence said she was working on October of 2016 so didn't expect to get to my case anytime soon.

According to the GC letter appointing Ms. Gavin-Lawrence I can file in court 6 months after the date of that letter examining the reconsideration request or wait for the GC's response to the reconsideration letter.  But, in my call to Ms. Gavin-Lawrence, she reminded me of the SOL consideration.  I take her implication to mean I have to be within the SOL tolled 1 year by the administrative process to date. 

I am attempting to toll the SOL by claiming disabling anosognosia until 3 months after beginning seizure therapy with Keppra on August 15, 2015 and deceptions in the record by the VA medical staff and administration.

TITLE 28, U.S.C.

§2401. Time for commencing action against United States

(a) Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases.


TITLE 41, Section §7101

(9) MISREPRESENTATION OF FACT. The term "misrepresentation of fact" means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

20170613 V Ellermann ltr withdrawal.pdf

Share this post

Link to post
Share on other sites

It sounds like you want a malpractice attorney, not VA compenstaition attorney.  

If you want a VA comp attorney, there is little incentive to keep the attorney "local", especially since mostly everything in appeals happens in Washington, DC.  

Check with NOVA and look for malpractice attorneys:  This is the national association of Veterans Advocates.  


Share this post

Link to post
Share on other sites

A Wyoming attorney who handles veteran's comp would be better than a malpractice attorney because of the knowledge of being able to settle either under the Wyoming Tort Statutes or the VA 38 CFR 3.154 claims.

Of course either could file the case in the U S District Court of Wyoming.  And then there is the 1988 California Class Action Case that could be reopened by a California Attorney which could then look at the advantages of joining the case to my 1151 Case in Wyoming or keeping it in California.

I want to file before the end of September in both states.  Wyoming for my individual case and California to reopen the old case based on new evidence and amending the case more specifically now that my head is back together a little after receiving proper treatment.

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.

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.

        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines