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]

Berta posted:

Quote

the BVA is right as to not accepting any internet treatices,abstracts,  or studies etc- because medical determinations must be made by a doctor.Many of these denied conditions would need either a service nexus or a valid independent medical opinion.Or both.

The bad part of this is that, if you appeal to the US CAVC, you will hear from lawyers. But No additional evidence can be added to the claims.

Well, Yes, BUT, if the attorney can find a legal error, then a remand is likely or possible and you get to add "new evidence" when the CAVC remands it to BVA.  EVEN Tho, I did not have sufficent evidence to win at the BVA level the first time, the Board made a legal error that enabled me to submit new evidence, upon remand, in order to win.    That is exactly what happened to me.  

My lawyer "won" a JMR (Joint Motion for Remand) because she identified a legal error.  Then, my attorney hired a IMO (Voc rehab specialist), and then the claim was sent back to BVA for readjutication.  It was enough, and the BVA granted TDIU.  

But, Berta is correct in that the CAVC will review the case using the evidence that was available to the Board.  Of course, if the CAVC finds error because the Board did not give a "reasons and bases) for considering an IMO, then you are in.  

In your case, you have to show YOUR issue is related to a primary condition OR is directly related to service.  The Board has to consider ALL methods of service connection..primary, secondary, presumptive, etc., and not necessarily "just" the method you applied for.  

It is not a requirement that the VEteran be an expert on VA law when he applies.  He may apply as secondary, not understanding, for example, that his is a presumtpive condition.  Its remandable error for the VA NOT to consider at least those 3 methods to SC.  

In other words, if you applied as a secondary condition, but there was evidence in the file that you had met the Caluza elements (current diagnosis, in service event and nexus) then your claim should be granted even if you were confused about primary secondary or presumptive.  

    If they required EVERY VET to understand the entire 38 CFR's when they apply in order to get benefits, very few would ever get benefits.   The VA is supposed to know their own regulations, and, they are supposed to comply with regulations.  The Vet does not have to know them.  

    It is helpful, however, to know them when you appeal.  You need to bring up that VA violated regulations in denying you, because they dont always catch it.  And, if you dont raise that issue, they can hold that against you.  

Edited April 27, 2019 by broncovet

[Navy Vet's Wife]

Berta and Broncovet,

Thank you very much for the time you have taken to read the decision and to write your responses, I can't thank you enough.

I had a meeting by phone with an attorney- RMS law, that responded to my post as well. He feels we have a few good opportunities to get the case reopened by the BVA. 

I talked to my husband about it this evening, and right now- he is just wore down and feels defeated and done. I know we only have 120 days to take action or it is forever closed. I will give him a little longer to think about it, but right now he done arguing with the VA and all of the waiting and denials.

I will follow up here if he changes his mind.

Thank you once again for help!

Navy Vets Wife

Edited May 2, 2019 by Navy Vet's Wife

[GBArmy]

Navy Vets Wife

There is a saying that we veterans have; we get on this hampster wheel called VA Disability claim, and we just spin our wheels. The VA delays, and denies, remands, using every little trick in their bag to frustrate and make the veteran throw in the towel. They do Not have the best interests of the veterans in mind. Quite the contrary, the more they can deny or at least low-ball on earned benefits, the better their own personal records for evaluation. They have metrics on how many claims they process, so volume on cases handled are important. It is a lot faster to deny that to justify approvals. You have to convince your husband that he has to hang in there and keep fighting. That saying we have is "you can't let the b.....ds win." You and he can win your claim if you keep on trying. Please keep on trying.

[mmsmms123]

Look into getting an imo/nexus exam from Dr bash. I was awarded smc t.2 just based off his letter

[Oceanbound]

59 minutes ago, mmsmms123 said:

Look into getting an imo/nexus exam from Dr bash. I was awarded smc t.2 just based off his letter

From reading your prior post, because you were at smc-m.

Now as the Old Spice guy says now back to me...

Dr Ellis, Dr. Bash, Dr. Anaise are the most known VA friendly doctors here. 

Chris Attig, Katrina Eagle, Julie Glover, Alex Graham (Asknod), David Anaise MD, are the lawyers/agent known here. 

Time to lawyer up and see one of these docs.