No lawyer is agreeing to work on my grandpas case

[sammiejean]

My grandpa passed away in 2013 and because of this my mom has not been able to find a lawyer to take his case. We believe that his claim was denied and we were trying to appeal it with a CUE to give my grandmother benefits. Does anyone know any lawyers that would take the case. I live in Pennsylvania. Thank you

[brokensoldier244th]

Is it a continuous appeal right now? There are time limits to things like that. 

[sammiejean]

We are still getting information to go to the board and get them to hear our case. The claims are still continuing as of right now

[broncovet]

Maybe.  It depends on the merits of the case.  Did you/your mom file a "substitution of claimant"?  If not, its gonna be tough.  You have one year to file for substitution of claimant.  

Source:  

https://cck-law.com/blog/substitution-and-va-benefits-how-to-substitute-and-who-qualifies/

If you/your mom filed "substitution of claimant", then you may well be able to find a lawyer to represent you.  Getting a lawyer is not easy..there is a shortage of them.  Its no wonder lawyers dont like representing Veterans, the VA sometimes takes 5 or more years to resolve the issues.  Would YOU want to work, and then not get paid for 5 years or more?  

Im not suggesting you give up..frankly you need an attorney who normally does these types of claims and who isnt so busy he has time to take your issue(s).  

Someone else asked for attorney names, and I will post it again.  First, I will post some attorney's Im familiar with.  (I have hired 3 for 3 different trips to the CAVC, all of which I eventually won).  

1.  Chris Attig

2.  Hill and Ponton

3.  Ken Carpenter (Carpenter Chartered)

4.  Glover Luck

5. CCK law. or, any in this directory:

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

 

[Berta]

Can you scan and post the last denial your grandmother got?

Cover the veteran's C file #, name, address etc prior to posting it.

I assume she is seeking DIC.And/or accrued benefits...?????

I have posted considerable info here in our DIC forum.I am a veteran;s widow too.

And I have posted plenty in our CUE forum regarding CUE,and have been successful with CUE , as a surviving spouse.

Also DIC claims ,if filed within one year after the veteran's death,use the date of death for retro. DIC can be filed for at any time, but if after that one year- the date of the DIC claim will be what they use for the retro, if the claim succeeds.

The info from Broncovet on "accrued" is correct except for these situations:

https://cck-law.com/blog/nehmer-claims-what-you-need-to-know/

Survivors of veterans who fall into the Nehmer class  action, have no deadline for accrued claims or DIC.

This all changed last year -after that ink from CCK-law was published

and all survivors of Blue Water Navy veterans,if their ship was within the 12 mile off the coast of Vietnam during the war, are eligible for the same favorable accrued and DIC retro as within the Nehmer court order.

If you scan scan and attach the redacted decision, and the evidence list, we can try to help you more.

Most of my caims after my husband died were denied right off the bat.

I fought back every single denial, to succeed.Nothing is impossible.

But sometimes the VA is correct on a denial-I am sure your grandmother will give you permission to scan and attach the denial. 

We also need to know where he served and when ,what branch ,and also

what the death certificate stated as Primary cause, and secondary cause of death.

And if an autopsy was done...and sent to VA as evidence and what he was service connected for in his lifetime.

VA makes plenty of errors on widows claims but sometimes their denials are correct.

 

 

[broncovet]

Thank you Berta for correcting me..that no substitution of claimant is required "if" the Veteran is a Nehmer Vet.  If the Veteran served in Vietnam, then he is likely a Nehmer Vet. But, read here about Nehmer Vets:

https://cck-law.com/blog/nehmer-claims-what-you-need-to-know/

    Im fairly sure if the Veteran was a nehmer Vet, then NVLSP wiill represent you for free, but you can call NVLSP and they can determine if you meet Nehmer criteria.  

https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit

 

Edited April 22, 2020 by broncovet

[Berta]

Broncovet,

Survivor's claims can have  many nuances and the fact is that lawyers and vet reps really do not get many survivor claims compared to claims from veterans and also ,to compound how difficult some survivor claims can be often is that the surviving spouse is difficult to deal with, or if not really difficult, they simply cannot answer the main questions that would form the basis for a valid DIC or accrued claim.

A deceased vet, with 100% SC P & T for ten continuous years, regardless of their cause of death, has the basis for the surviving spouse to file and be awarded DIC with no problems or just minimal problems.

Many other DIC claims ,such as a wrongful death 1151 claims or an  FTCA case involve getting a very strong IMO.

And many DIC/ accrued claims I have seen here over the years, have no valid basis at all.

Some of the problem, of course, is the grief factor. The VA takes advantage of that fact.

I am still in shock, 25 years after my husband dropped dead in our barn. 47 years old.

But the words of my CPR instructor came back to me- and he said those words would come back to us if any of his students ever needed to perform CPR-do NOT Panic, it is not the time for that- concentrate only on what you must do to perform CPR.

For survivors with VA claims, it is sort of the same thing-we are heartbroken, and often stricken by panic when we realize the changes we will have to deal with alone,  but heartbreak and panic will not get our claims awarded.

More than all the civilians I know- veterans are always the most concerned about their survivors, when they pass.

I know many non- vet seniors who have never really considered that their spouse could die and their life will change forever.

A married friend of mine was startled when she overheard me and a another widow talking about some of the challenges that widows ( and widowers) have  and she said' I have never given any of that a thought.'

And I said well 50% of all married couples ,will know what we mean. She didn't quite get that either.