CAVC Appeal

[ShrekTheTank]

So I now have a lawyer and we are meeting next week to go over my case and move forward with the appeal.  

Never being here before, what should I be doing?  I don't want to get in their way, but I also want to make sure we are fighting for everything I can.

On appeal will be Scaring(30%)-Dercum's(60% and they combined the scaring to remove my 100%) The judge did state I did not get the max allowed by law for this claim-PTSD 30%

The law firm I went with specializes in PTSD.  

I also want to talk to them about getting P&T.

Any advice?  Just give them the info and let them run?  

[broncovet]

If you want something to do, make a chronological list:

1.  Military service dd-mm-yy  Hit on head on date.  Stressor of record on date:   

2.  Exposed to jet fuel on dd--mm-yy

3.  Exit exam date

4.  Filed for PTSD on dd-mm-yy

5.  Denied on VARO decision date

6.  Filed a NOD on Date...etc., etc., etc. 

    List c and p exam dates, important medical exams you feel relevant, and the date, etc. etc. etc.  

     When you finish the chrono, suggest your hypothesis as to why you deserve a higher rating, better effective date, etc.  This is where you can suggest "entitlement theories", but dont be upset because they dont use "your" entitlement theory. 

     Then let the attorney do their job.  Note:  At the CAVC the record is "sealed".  The CAVC will only consider evidence "already of record".  However, if you get a remand (likely) then you can submit new evidence to support your position, such as an IMO.  

     If you need an IMO, ask you attorney who he would recommend.  Are you at liberty to disclose your law firm?  I did/do.  I have been represented at CAVC by Glover Luck and Chris Attig, and both resulted in remands.  I was satisfied with both firms, as both times resulted in additional retro, and eaja paid about 95 percent of the attorney fees.  The only fees I paid were with the remand, Glover Luck also represented me at the BVA for the remand.  So I had to pay that part...it was very reasonable, most of my fees were paid by eaja.  A total of about 20,000 in fees were paid by eaja.  

    Keep us informed, other Vets may have a similar situation and can benefit from your experiences.  

     

Edited December 31, 2019 by broncovet

[ShrekTheTank]

That will keep me busy!

I went with Berry Law firm, which is here locally to Lincoln NE.

I assume they took my case because they saw some merit in what was there. 

From what I have seen and heard from them they do a very good job with PTSD and with other parts of CAVC remands. Should be an interesting ride.  I will keep you updated!

Also to note they did state we should be completed by July 2020.  Guess we will wait and see.  I do understand the remands and such will take longer, but they thing the CAVC will be completed then.  

Edited December 31, 2019 by shrekthetank1

[vetquest]

Good luck, I wish you well, I believe your case is solid.

[ShrekTheTank]

Thank you all for the help getting this far!  I was at a loss years ago when I found you all!  This is the best family!  Those who come together and help each other!  You are all amazing!

[GBArmy]

Best of luck, Shrek. Be patient and be optimistic! 2020 is going to be a good year for you, right?

[paulstrgn]

@shrekthetank1 Good luck and hoping with the win you get a six-figure retro check!!!!