Awaiting decision from CAVC on TBI

[MrPain7]

In February 1975 I was discharged from service I applied for compensation for a head injury in July 1975 and was denied in 1976 then in 1984 I was awarded 100% for seizure disorder secondary to my in service traumatic head injury.  In 2009 I applied for TBI and was awarded 70% for direct service connection in 2011, I requested an earlier effective date for my TBI since my original claim was in 1975 less then 5 months after my ETS,  I feel my original claim should have been reconsidered but the RO and the BVA overlooked my original claim so I took it to the CAVC and waiting for a decision.

[broncovet]

You posted:

Quote

Most attorneys will not take a case to the CAVC or to the CAFC

I had very little trouble engaging an attorney at the CAVC on 3 seperate occassions.  In each case, I "won" a remand, where I was eventually awarded benefits upon remand.  All 3 attorneys were paid by EAJA.  In one CAVC appeal, however, I had the attorney represent me at remand to BVA.  So, I did pay the attorney his portion of that.  The fees paid by eaja were deducted, the attorney can not collect from both the vet and the eaja.  

    It was the only way I got benefits..hiring an attorney.  You do need to be careful the attorney you select has a good reputation and I would stick witn "NOVA" attorneys.  

    When I filed a pro se writ at CAVC, I got several letters from attorneys offering to represent me.  

    My decision to hire attorneys has netted me Tens of thousands of dollars, a choice I dont regret.  This said, everyone is different..we have different skill levels.  Berta probably does not need an attorney.  I sure did.  

[Lemuel]

Thanks Bronco.

I agree, you need the reputation of the attorney and if they will not represent you at the CAVC in their fee agreement in an appeal after obtaining the BVA Decision it is a no go for that attorney.  My mistake on both occasions.  In both cases I could have gotten by without an attorney.  Did not need one on the remands from the BVA but thought I did.  My mistake.  Others should learn from it.  Over $110,000.00 was deducted from my awards because they were not awarded at the CAVC.  But that is part of my TBI difficulty.  Decision analysis before the fact.

[broncovet]

Yep.  Its my "somewhat informed" opinion that you generally dont need an attorney at the BVA level, tho some will dispute that opinion.  

You see, the BVA is obligated with "benefit of the doubt" (BOD) going to the Vet, and is NOT supposed to be "adversarial", but rather to give Vets benefits to those who deserve them and meet the criteria.  The "equipose" concept applies.  If the claim is in equipose, with an even amount of positive and negative, you should be awarded benefits.  

However, when you go to the CAVC, there is no BOD, no equipose, no "claimant friendly" judges.  

So you need an attorney at CAVC or above.  And, Eaja should pay for it.  

If you get a remand from CAVC, like I did, then you can have the attorney file for eaja fees, and get a VSO to represent you at the board.  

Its highly likely that an IMO, at the board remand, will be a winner winner chicken dinner.  

Chris Attig represents Vets ONLY at the CAVC or above.  After we won a remand, he gave me a name of a Voc rehab specialist he recommended to do an IMO.  (I was fighting for an eed for tdiu).  

I paid, I think, 600 for an IMO, and he did 3 payments of 200 each, over 3 months.  

The IMO did the trick, and I won about 100k in benefits.  My cost?  Zero attorney fees and 600 for an IMO.  

My attorney opined an IMO would seal the deal, and that I did not need an attorney at the BVA.  That is exactly what happened.  

 

[Buck52]

I highly agree with broncovet

listen to him.