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LightningFan75

Can anyone recommend an attorney to help with an effective date appeal?

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I need help appealing my PTSD and right shoulder condition effective dates.  

My PTSD condition has been in deferment since 2018 and was closed Dec 26. 2019.  I was awarded 30% as of Sept 2019 ( They claim I submitted a supplemental claim then when in fact it was in June of 2019) and 70% as of Dec 13 2019 when I had a 3rd C&P MH exam to straighten out the previous 2 exams which were full of inaccuracies.  They state the Dec 13th exam is when 70% was factually proven.

My shoulder condition was originally claimed in April 2017 and my Service records show an injury to my shoulder but the C&P did a less than thorough exam and claimed it was less likely than not that my injury happened in service.  I had to go outside the VA to get MRIs to prove the injury was severe and a NEXUS letter to show connection.  When I brought the MRI results to my primary care and ortho they chastised me for letting it get this bad and said I need surgery to have any hope of full motion in my right arm again.  Well no s%*t...so now I have SC at 20% but only as of May of 2019.

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I will give you several NOVA (Veterans attorneys) that I have either known, or that Im aware of their good reputation.  I recommend you contact more than one firm, because its likely that some of these are booked "so far ahead" that they may not be accepting clients right now. 

1.  CCK Law.  They are a very large law firm, well respected, nationally.  

2.  Carpenter Chartered.  Mr. Carpenter ranks "the best of the best", but at least as of a few years ago, he does not accept email submissions, but only snail mail.  I snail mailed him and he offered to represent me (Yeaa!!!) but I had already selected another attorney.  

3.  Chris Attig, Attig Steele.  He represents claimants ONLY at the CAVC not BVA.  At least that is what he did in the past.  

4.  Hill and Ponton has a great reputation.  Expect to pay 33 percent there, BUT, they "could" up front you the cost of an IMO, which is a very, very big deal if you need one.  Most of the others charge 20 percent, but it may well be worth it if you need an IMO but can not afford one.  

      If you hire any of these firms, know that they probably dont do a lot of "hand holding".  This means you hire them, let them go with it, and dont contact them twice a week with questions about how long it will take.  Attorney's mostly dont want to be a substitute shoulder to cry on.  Instead, if you need a shoulder to cry on, some use hadit, some use a VA psychiatriast/counselor.  But dont count on your attorney for that.  

     If you have a BVA denial, (or award! at the wrong effective date)   send that to several of these, and ask their opinion.  

There are other good ones.  Alex is a great representative, but he is backed up.    Dont be suprised if MORE than one of these turn you down as a representative.  THis does not mean you have a weak case, it probably means they are too busy.  

     Tell your attorney your "entitlement theories".  You know, you filed a ITF on xy date, you submitted new evidence, didnt get your notice, etc., etc.  But dont be suprised if they use a totally different arguement.   Pick from this list:

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

 

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Thank you so very much!!!

As always these forums are what keep me sane when dealing with all of this!!

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