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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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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.  

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Navy Vet Wife

It's obvious you have did a great job so for   you got your hubby 80%  that;s a milestone its self and a good reflection on your part as a filer and its obvious you know a great deal in preparing your hubbys claim/claims

As for as an attorney   if you can post his recent Appeal decision as to why they denied (black out personal information claim # names ect,,,ect,,) members here just  may be able to help you without an attorney.

We have some great Veterans disability attorneys here on hadit.

Hill & Ponton disability attorney's

Chris Attig and his spouse are great attorneys

Alex Graham  is a Great ACCREDITED CERTIFIED CLAIMS AGENT.

Most  contacts will be made by phone calls and emails. and a good attorney will represent you at the BVA  although your hubby maybe ask to get a IME/IMO depending on your hubbys evidence.

However most great attorneys are busy busy helping other veterans and their family's   so its crucial  that you get in contact with a great attorney because of the timeline you have.

Or ask questions here on hadit   there are some very knowledgeable hadit members her that can help you out  free of charge.

As you are not a newbie to the Veterans Claims Process and you understand a lot of the VA Lingo And know just how the VA can be.

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Also you may concider a VA  Certified Accredith  Claims Agent  such as Alex Graham

here is a Link/ List from Alex for a Accredit Claims Agent's across the country.

https://www.veteransaidbenefit.org/appeals_agents.htm#WA

 

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I recommend a licensed attorney (on the NOVA list which I published) and not a non attorney practioner.  Here is why:

1.  Since you have a recent BVA denial, your ATTORNEY fees will likely be paid by EAJA.  Why go with second best, if the best costs no more?  

2.  It is very unclear if EAJA will award fees for "non attorney practioners".  Maybe Alex will chime in and opine if EAJA can pay fees for  non attorney practioners, also.  I dont know.  

3.  While Alex Graham is a  great choice, some of the other non attorney practioners not so much.  Alex is busy and IDK if he is taking new clients or not.  

4.  Losing one's license to practice law is a very, very big deal and it helps to keep attorneys on the straight and narrow.  Of course, there are exceptions to this.  It costs a lot of time and money for a law degree and one would be crazy to throw that away for a few hundred or even a couple grand by shafting a Vet.  

     In my opinion there are NO downsides to hiring an attorney after a recent BVA denial, since eaja will likely pay the fees.  I can not say the same, with certainty, with non attorney practioners.  Again, maybe Alex will chime in.  

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Hi there.  I'm a VA Accredited lawyer out of DC.  Happy to review your case and see if anything stands out.  The folks commenting above are exactly right about the BVA decision... it is my go-to document to evaluate a potential case.  Feel free to send me an email directly:  raza@rsmlawfirm.com

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