Looking for VA Disability Attorney in Indianapolis Area

[Navy Vet's Wife]

Well, we have been fighting the VA for 7+ years now and just received a denial from BVA on all conditions on appeal. We are looking for a highly recommended attorney to take it to the next level of appeal for us, but don't know where to start with finding a good attorney.

Our VSO has been the American Legion, but they have not helped us. 

My husband is a Persian Gulf War Veteran- with numerous conditions (all of which are on the presumed list) and the VA continues to deny. 

I have managed to get him to 80% all on my own and through the advice I have read over the years here. I don't want to just give up after this long fight, and want to see it to the end. But now I need help.

If anyone is familiar with Indy and have an attorney that did a great job for you, please share!

Thank you in advance everyone! Not going down without a fight!

Navy Vet Wife

[broncovet]

The Veteran does not have to win "every battle" in order to win.  I agree with Berta, that, according to your BVA decision, you did not have a nexus, and the journals and articles you submitted wont remedy that deficiency.  There could be 100,000 journals that established a connection between sleep apnea and depression, but MY doctor, at a c and p exam, opined that MY sleep apnea and depression were unrelated.  So, my sleep apnea claim was denied.  I challenged the competency of the examiner because my examiner was a doc, but had no sleep medicine experience.  You see, a doc could have a Phd in basket ball, but that does not make them an "expert witness" in diseases of the joints.  

Remember, to refute medical evidence you need medical evidence..medical articles or journals do not refute your doctors statement.  Your doctor examined YOU, and those doctors in the studies did not examine YOU.  You need to establish a nexus to win YOUR claim.

    Its a logic error.  If 100 patients came in that had cancer, and all of those drive a Toyota, you can not conclude that driving a Toyota causes cancer.  ONE reason is that there are millions and millions of Toyota drivers that did NOT have cancer.  And there are hundreds of patients that drive a Chevy who did get cancer.  Does that make sense?  

Edited April 27, 2019 by broncovet

[broncovet]

You are searching for an attorny at the PERFECT TIME:  Just after a bva denial.  (EAJA will likely pay attorney fees at the cavc).  

BUT:  DO NOT DELAY.  It takes time for an attorney to review your decision and decide if he thinks he can win for you.  You have to have the appeal in quickly, I think its either 60 or 120 days after the BVA decision.    A late filed appeal is no appeal, and will be denied.  

I humbly suggest you "expand" your search to include nationwide.  Your appeal (to the CAVC) will be in Washington DC, not in Indy.   I checked and there arent any "nova" (Veterans) attorney's in INDY.  (There are some in Evansville, wherever that is).  

Chris Attig, of Attig-Steele represents me. 

(yes, I recommend him, but he has a lot on his plate and may not agree to represent you).  

CCK law is large and has a good reputation..

Hill and Ponton does also have a good reputation.  

My advice: 

Scan in your board decision.  Email it to at least 3 attorneys.  (Often one or more wont take you as a client, maybe because they are too busy, maybe because they are unfamiliar with your type of claim, or maybe they think your claim does not have merit.)  

Choose from this list:

https://www.vetadvocates.org/cpages/sustaining-members-directory

 

Edited April 16, 2019 by broncovet

[BuddyLoveAK]

Eric Gang successfully represented me. I highly recommend him. They were very detail oriented and always very responsive to my questions. Here's a link:

https://www.veteransdisabilityinfo.com

 

[Navy Vet's Wife]

Broncovet,  thank you very much for the quick response. I wasn't sure if nationwide was better, but after looking local, I thought that would probably be a better route too. I will check out the names you suggested and the link. I also looked at the CAVC site with list of Practitioners. 

It is 120 days that we have to get it all in by, which in VA time, is not much.

I will get right on this tomorrow and appreciate the help!

Thanks again!

[Navy Vet's Wife]

BuddyLoveAK, 

Thanks so much! I will make a list and reach out to all of them!

I appreciate it!

Thanks again!

 

[broncovet]

Each attorney will want to see your most recent BVA denial.  I can almost guarantee it.  That is why I scan in my BVA decision, so I can quickly email it to an attorney(s), so they can review it.  

The quicker you send it to them, the quicker they can review it, the faster they can file an appeal, the faster your decision is decided, the quicker you get your retro.  

The attorney will look for things like an "inadequate reasons and bases", which is an automatic remand.  And a remand means you can submit new evidence and it will be considered as of the beginning of the appeal period. (when you first filed).  38 cfr 3.156 b.    This would include an IMO, if needed, to refute a bad exam.