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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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Navy Vet's Wife

Looking for VA Disability Attorney in Indianapolis Area

Question

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

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Posted (edited)

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 by broncovet

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Posted (edited)

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 by broncovet

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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!

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BuddyLoveAK, 

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

I appreciate it!

Thanks again!

 

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