Need an attorney

[Lemuel]

I'm attaching the filings and responses to the U S District Court for the Wyoming District regarding my medical negligence claim against the Navy and VA.

I apparently erred in submitting a motion to toll the statute of limitations with the filing of the claim in December.

All suggestions will be appreciated.

20171215 Court complaint.pdf

20171215 Court complaint tolling.pdf

20171229 US Atty re toll SOL.pdf

20180103 Rebuttal obj eq tolling.pdf

20180109 DCDW denial Motion Eq Toll.pdf

[broncovet]

Yes, you need an attorney.  You dont want to go to the CAVC yourself, (pro se) unless there is a very compelling reason.  Now for the good news.  

If successful, your attorney fees will LIKELY be paid by EAJA funds at no cost to you.  

If you are appealing the CAVC denial of equitable tolling or other stuff, then you need an attorney for the Federal Circuit, who reviews CAVC decisions.  Dont even think about going to the Federal Circuit without an attorney, and appeal it timely.

List of attorneys:

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

If you want a very large firm, with much experience, then try to get CCKlaw.  

Ken Carpenter out of Topeka Kansas, is also an extremely well respected lawyer for Vets.  

Alex won a six figure settlement with Bob Walsh.  

Vets have used Chris Attig, Glover Luck, (Dallas Texas), NVLSP (in some circumstances), Matthew Hill, and have reported good results with them.  These are some Im familiar with, you can try those or look up your own.  This does not mean you cant get a good result with other NOVA attorneys.  By the way, I would stay with a NOVA attorney, they have demonstrated "at least" a minimal level of expertise and experience in Veterans law representing Vets.  The addresses are listed on this website, and usually a phone number.  

Dont be suprised if you are declined represention by one or more attorneys.  If you feel your case is valid, then send it to other attorneys.  All will want to see your records, especially the most recent decisions before they agree to represent you.  

Edited January 23, 2018 by broncovet

[Lemuel]

Bronco, this question was referring to the District Court claim not the CAVC appeal.

The CAVC appeal at the moment only covers the revision of the tinnitus date via CUE of the original adjudication not including tinnitus from noise trauma at 0% in my claim for loss of hearing.  The first complaint of hearing loss was from tinnitus 9 years before my discharge from the Navy and is in the Navy Health Record included in the RBA as well as the February 1976 rating decision that occurred one month before the "liberalization date" for noise trauma tinnitus.  Other than the remand this claim seems like a slam dunk to me.  The correction of the RBA was submitted to the CAVC in order to support this District Court case.  

I am also asking for a six figure settlement for making me suffer with atonic, partial and complex partial seizures unknowingly for more than 45 years when there is strong evidence of record that I should have been diagnosed and treated in 1970, 4 years before I got out of the Navy.  And because the seizures were untreated, they got progressively worse over the years and were made even worse by treatment with the contra indicated drug, Tegretol in 1990 and then the diagnosis was deceptively changed to "pseudo seizures" as a cover up for the error leaving me untreated until August of 2015 and not sure the treatment was working until January of 2016.

I have a Wyoming attorney who will stand in for an out of state attorney.  But, though I've tried many firms with what I believe is a slam dunk case, I haven't had any takers.

Still waiting for responses from three firms.  Two in Wyoming.  But have been waiting for weeks not days with only, "We'll get back to you." responses.

I'll try the two firms you suggested.  Thanks.

[broncovet]

Contrary to popular belief, Veterans law is not a particularly lucrative area of law.  So, there are simply not enough lawyers to represent Vets.  Last time I hired an attorney (in the past year), i SENT MY INFORMATION TO ABOUT 6 FIRMS, before I found a lawyer.  Try Mr. Carpenter..he is experienced with the Federal Circuit.  Persistance wins when all other stuff fails.  

Edited January 23, 2018 by broncovet

[Lemuel]

Sent an email to Mr. Carpenter.

[vetquest]

Goodman Allan Doonely is a large firm that represented me.  They are quick to respond and tell you if they will represent you.  You can google them.

 

[Lemuel]

Thanks, Vetquest.