Attorney For TBI CUE

[bigoc]

Looking for recommendation for an attorney for a TBI claim that is well documented with an neuro psych exam.  I am service connected back to 2008 but I believe I was low balled at 40% for TBI.  Generally describing the results, the Exam notes severe and moderate in the results for memory and other cognitive and executive function.  I asked for a reconsideration based on the difference in the test results and the VA schedule criteria on my own but got denied and gave up.  I should have kept at it but I think getting an attorney is the only way I am going to make any progress.   

So here I am doing what I should have done a few years ago.  Does anyone have a recommendation for an attorney that handles TBI CUE?  I found some TBI articles posted by Hill & Ponton out of Florida.  So many out there.

Thanks 

[broncovet]

Yes, I know a few attorneys.  You need to "narrow down" and define what it is you want.  

If you will answer a few questions, I can better direct you. 

1.  What level are you at?  (BVA appeal, CAVC, etc)

2.  When was your most recent decision?

3.  When was your last denial?

4.  Do you have a copy of your cfile?  (You need this no matter what). 

[jfrei]

Details please , I can only say my attorney was Sean Kendall hes in Colorado and has an office in DC you can find him facbook. He fought for my TBI residuals and after I waited 5 years to file an appeal he filed a cue 1 year later granted without a hearing and was went quick because I also had a hardship at the time... So It would have been a wait even without a in person hearing it was advised not to have a hearing due to the overwhelming evidence in my favor and there original denial didnt even have a reason why they denied it on the claim just we denied this TBI no reason why. So its often recommend to have a hearing he will explain if he thinks you need one and don't waste your time with a DRO review if you believe your retro is more then 20K they cant grant you at the regional office almost never but Im sure there maybe an isolated case here or there. This is my experience and what the DRO explained since my retro was over 100k. Tell him Mr. Frei sent you lol I was a head case who he parted with after he got his but he did a good job I was just a head case and still am I can get my wife on here to say I'm xxxxxxx Nuts but she loves e even more. I found me a keeper but on that note if you google VA attorney his name in the search his number will come up but please do give details any copies of anything would help my recommendations.... Let me rephrase and add something that just popped in my melon the DRO review may have been a denial but she agreed to certify my appeal there that day to the BVA saving years so maybe not the money but a step in the right direction.

Edited December 2, 2017 by jfrei

[broncovet]

The NOVA advocate directory is here:

https://vetadvocates.org/welcome/find-an-attorney/

Some well respected Vets advocate attorneys are Ken Carpenter, Chris Attig (Attig Steele), Hill and Pontoon, Katrina Eagle.  They may/may not have the resources or be willing to accept your claim, you often have to try a half dozen or so attorney's to find one who will accept your claim.  Rememeber, they dont get paid until/unless you do, so they have to take a chance, invest their money and time, and wait sometimes 5 or more years to get paid and sometimes not get paid at all.  

 

[Gastone]

Bronc, I recently corresponded with a Vet that used one of the above mentioned Firms to File the Initial NOD requesting a DRO Review about 21/2 years ago. At the time, the Vet wasn't a Hadit Member. The lawyer not only advised in favor of the "Review" as opposed to a DRO Hearing or Straight BVA Video Hearing, but also got the Vet to sign  for "30% of Retro."

Might just be me, but I think this Vet was taken advantage of by the Law Firm. The additional 10%, for very little effort in regards to the Review is troubling.

It's been about 4 years since I had occasion to discuss Appeal representation with (2) National  VA Legal Firms and (1) local Lawyer. All (3) quoted 20% of Retro right from the start. Decided on Self Rep.

 

[bigoc]

1.  As far as what level I am at, I have not filed anything since about 2009 related to this case.  I was granted a TBI rating of 40% October of 2008 and this is the current rating today.  2009 I filed a NOD myself based on the in the test results and the VA schedule criteria being the same yet the rating received being lowballed without a reference to the Neuro psych exam by the VA.  The VA referenced a childhood diagnosis of a learning disability at age 12 buried in my family doctors records.  I wish I could remember why the VA has that info but I can't.  I received explanation of how the original rating will stand based on this finding.    

2.  For TBI the most recent decision was the 2009 NOD decision.

3.  I requested my c-file and am waiting for it to get.  For now I am using what paperwork I could find.  I am getting myself organized but this is going to take some time.  

My Retro should be well north of 100k if I can get a decision back to 2008 of 40% changed to 100%.  I only need at 70% rating on this TBI claim to hit 100%(va math approved)  when combined with my other rated conditions.   My test results show I should get 100% for the TBI by itself.  

I have what appears(to me) to be overwhelming evidence.  My privately administered neuro psych exam lines up as close as I think is possible to meeting the rating for severe with that exact word(severe) being used for memory impairment results on the test.

Thanks for the info so far any little bit is helping.

[Berta]

  "2009 I filed a NOD myself based on the in the test results and the VA schedule criteria being the same yet the rating received being lowballed without a reference to the Neuro psych exam by the VA."

If that exam would have warranted a higher rating, and if the VA Never considered it, although it was obviously in their possession ,I assume, at time of the 2009 decision,

that is a CUE. Can you scan and attach here their SOC and the evidence list? Cover C File #, name prior to scanning it.

"My privately administered neuro psych exam lines up as close as I think is possible to meeting the rating for severe with that exact word(severe) being used for memory impairment results on the test."

"I have not filed anything since about 2009"

I suggest you re open the TBI claim for a higher rating and send them a copy of the private exam, as "new and material evidence."  In our recent Nov 30 radio show here, in the Blog Radio archives, Travis Studdart, vet lawyer, said the new claims regulations which are coming, will use a different word than "material"- for re-opens- I forget what word that was..but it will mean the same thing .....have not had time to replay the show.

I believe the VA is using  my suggestion to eliminate the 646,unless any representative (POA or lawyer) is willing to prepare a 646 to actually advance the case.

646's are one of the biggest time wasters prior to BVA transfers.A VSO or rep unfamilar with a claim usually just states, The claimant has raised  argument for their  contentions, or some BS like that,whoch does Nothing to advance the claim.

In Travis's recent BVA award for a widow-he did that- advanced the widow's argument  and his statement bolstered the claim.I posted the link here in the radio show forum I think.

But at this point- I dont feel you need a lawyer for the CUE-if I understand your posts correctly-

and with evidence to re-open the TBI claim,( the private neuro exam )- then possibly a need for an IME following our IMO/IME criteria here at hadit, to advance the re opened TBI claim for a higher rating, I dont think you would need a lawyer at that point either.

I love lawyers, dont get me wrong- and they have helped MANY vets to succeed,

but a claim rests solely  on  medical evidence and often lawyers will want the claimant to get an IMO/IME anyhow. 

Do you get SSDI and if so is it solely for the TBI and any other SC conditions?

Did VOC rehab ever turn you down, documenting  that your SC's make Voc Rehab unfeasible?

Both of above are excellent evidence of TDIU.

" requested my c-file and am waiting for it to get. "

Great and I am sure you have a copy of your VA med recs...?

"For now I am using what paperwork I could find.  I am getting myself organized but this is going to take some time. "

Yes it will but you will never regret  getting this stuff organized.

And if you do need a lawyer at sme point, they will have an easier job, if the info is organized. 

Medical records should be left in the same way you received them ( hopefully the order of them is correct)

I separated my husband's VA med recs by year, and some years had to be then separated by month., and they are in tabbed manila folders stating the time frame on the tab.

If you take a med rec or two our of order, make sure you put it back in order....or a copy of it...because many claims need copies of specific med recs.

I have separate folders for all of my past decisions and SOC, SSOC, etc and separate folders for each claim I have ever filed...I have my BVA award in an icon on my PC Icon  background , and copies of lots of stuff scanned to my PC as well. 

It is a pain in the butt to get organized and stay that way for many of us hardcore claimants but you can keep it simple at this point, and that alone will help you save the frustration and time looking for stuff.

Cn you also scan the  private Neuro report for us to opine on?