Lawyer

[cham1968]

I've recently received a denied claim for an earlier effective date. This denial was in relations to an NOD&DRO filled on an original claim July 2011. I didn't receive a C&P until  Aug 2016. Which the VA determined to be my effective date. I've got good info from Hadit on the VA's reasoning and had pretty much conceded to move on. Since then I've been contacted via my representative a law firm suggesting to represent me as they had determined there was an error in that denial. Anyone else experienced this? Is anyone familiar with Chisholm Chisholm and Kirkpatrick? 

 

Thanks and stay blessed brothers and sisters 

[FormerMember]

DAV uses CCK to represent all their clients on appeal. VFW uses Bosley and Bratch. etc. etc. etc. Veterans are becoming big money. There are very few good VA attorneys or agents who can do complex claims.

[cham1968]

thanks Asknod, I figured as much, was more curious to see if anyone had a  good experience with them? Especially since, they're claiming FREE

[3grandkids]

If you feel you have good evidence, I would suggest contacting Bergmann and Moore. As a Marine's widow, where other Vet attorneys' turned me down, they didn't.  -Seeing the evidence I had.  Taking time to read it, although long, and seeing we could win.

 We did win.

 Keep fighting.

 

 

 

 

 

 

 

 

[broncovet]

Attorney representation is free (to the Veteran) when:

1.  The law firm agrees to represent the Veteran pro bono. 

2.  At the CAVC level (BVA appeal), the EAJA almost always awards EAJA fees to cover the attorney fees.  For that reason, if the law firm identifies an issue or issues they feel is of merit, they will often agree to represent the Vet "only" for EAJA fees.  

3.  Almost all Vets are represented by attorneys on a contingency bases, that is, if you dont collect money, you dont pay.  If a law firm requires an up front fee, this is almost always a red flag to RUN forest Run.  

 

CCK is a well know law firm which represents Veterans, and, with a good reputation.  

The last time I sought a law firm, I contacted CCK.  They did agree to represent me, after reviewing my file, but, by then, I had already hired another lawyer, Chris Attig, so I declined.  

Its my opinion that you should contact more than one law firm and pick the best for you.  Its not unusual when law firms turn down a Vet for representation because of several possibilities:

1.  They are booked up and dont feel comfortable accepting new claimants at that time. 

2.  Your claim is out of their "market niche" where they have experience.  For example, some law firms accept earlier effective date claims while others prefer not.  

3.  If the law firm feels that your case lacks merit, or, that its not winnable under current law.  

     In all 3 of the above senarios, another law firm may well accept your claim and win benefits.  At least one law firm I know likes to emphasize "inadequate reasons and bases" appeals.  An inadequate reasons and bases, in a BVA decision, almost always results in a remand where the law firm gets EAJA fees, and the Veteran "may or may not" get paid, depending on the outcome of the remand.  

Edited February 6, 2019 by broncovet