DAV CCK Law Firm Letter -- Legit? Anyone personally have experience with these guys?

[ReallyAngry]

So I got a decision from the BVA that seems favorable, totally slam dunking the VARO in Atlanta and the various mercenary opinions they acquired. A few of the items on appeal were remanded for the usual reasons. I don't feel it's necessary to go into all the details. However, then I got a letter from the DAV, which has done absolutely nothing that I'm aware of to help my claims/appeals up to this point. After some boiler plate about CAVC and deadlines, it goes on to say this:

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DAV routinely uses the firm of Chisholm Chisholm & Kilpatrick Ltd (CCK) to facilitate prompt review of BVA decisions. CCK has concluded that BVA may have erred in denying your appeal, or in failing to grant you the highest possible rating or earliest effective date. Through a special arrangement with DAV, CCK is willing to represent you at CAVC for no charge. (CAVC itself will require that you pay a nominal filing fee, although this fee may be waived based on hardship). Very few cases qualify for this special DAV program.

So, is this legit? Why after so many lawyers refusing to help me all these years because there is nothing in it for them would these guys be interested in helping me now? I made it this far without any of their help. Why should I even consider such a program where if anything is gained they get a chunk of it? I'm sorry, but I don't generally trust special offers through the mail claiming only to help a select few. Also, I've been burned, let's see, by six separate attorneys on completely unrelated matters. I don't trust any of them, AT ALL. As far as I can tell, most of the problems in this country currently come about because of them--the ones who run for office, the ones who chase ambulances, and the ones who burn their clients for another snort of coke, because they are friends with the opposing attorney, or because they've been paid or threatened in private. I've been through a lot--you wouldn't believe me if I told it all. Already I doubt this will be taken as more than paranoid ravings by an unstable person.

More importantly, anyone out there with genuine experience with these guys at CCK? Anyone who has a history of comments online proving they aren't just a hired goon posting social media commentary for pay that is.

[GBArmy]

ReallyAngry The advice offered to you by Broncovet and Marine Corp 69/70 is sound. Haven't been impressed with DAV? Me neither. But that is who you used for a VSO and they have their limitations like any VSO. I'd rather get one to say to me to "punt it" to a lawyer than to keep it with the expectation that they can't handle the legal elements of the case. Is CC&K legit? They are certainly in the very top of the chain as far as legal beagle types. There are several others also.Check out their web site on the internet. Contact them as suggested and discuss; they do not have any info specifically on your case so they will gather info from you verbally and if it has merit, they will ask for your POA to proceed. If they review your info and decide to take on your case, you can be assured that they believe you have a better than 50/50 shot of winning. Why? Because they are a business and there is nothing in it for them to develop a claim to lose. It's about $. If they decline, find out why if they can be honest with you. It very well may be that it doesn't fit in with their work load at present to devote the effort they need to win your claim.  If you think that they should represent you for nothing and get nothing on your dime, don't hire them. Go it alone. You may get 100% all to your self; or, maybe 100% of nothing. I'd like 80% of something myself. Better odds. Point here is you can be angry and do it yourself with a much less chance of winning, or you can get past the frustration you feel with the VA hamster wheel and work to get your best results. I know no one who likes the VA disability claims process, but you have to do what you have to do.

[ReallyAngry]

First, thanks for all the information from those who've been around and know what's what. I appreciate you taking time to comment. Second, just so you know, I changed my VSO after my BVA hearing because of the obvious issues the previous VSO had and how my guy was a complete jerk to me. After failing to offer any pre-hearing advice or return any of my contacts over the previous couple of years, the guy belittled my approach, even though I presented relevant information that the judge acknowledged as having some merit. Advised me to not share any of it with the judge, which would've been a mistake. Changed to DAV, then heard nothing at all from them until I got this BVA decision. Could I have pursued it more aggressively? While dealing with everything else? No. I did what I could. Why didn't I change my VSO sooner? I did, but the VA never processed the paperwork.

I wasn't even wanting to go to court. I was ready to walk away. I'm tired and I am exceedingly angry. I'm getting part of my foot amputated this week because of a stupid mistake a VA podiatrist made ordering me the wrong material inserts for orthotics. I've spent the last 6 months jacked post-surgery to remove undermined tissue on the bottom of my foot. That finally closed, fully healed, two weeks ago. Thought I might be getting ready to walk again, but now find I've got a bone infection and something has to go. So, yeah, I'm angry. F the VA. I made it here without their help. It took me over 25 years, but I made it. After game upon game, denial upon denial, F the VA. Funny thing is this--every time it gets to the BVA, I'm vindicated. F the VA. The VA has saved itself some money through this process of prolonging the vet's struggle, but it will lose far more in the long run because I cost the VA a lot more today than I would've had they truly helped me when I was a lot younger and more able to bounce back. I'd rather be on a job today and have a purpose beyond being angry, but that's gone forever. I can't get it back. Nobody has any use for an angry disabled middle-aged man. I do what I can to make meaning for those in my life, but outside my family? Forget it. I'm no hero. I was injured doing my job during a time of peace, so a lot of people don't want to hear about it. Somehow we have to earn our pain through blood for it to be considered worthy to the world. 

As for 80% of something, sure, why not. Not that it will ease my constant pain, the aggravation of being treated like a non-citizen, the humiliation of explaining over and over again why I have the problems I have (being treated as though I ask something for nothing, like I just want a disability check instead of healing), or give me back what I paid for this country again and again every day of my life since I took an oath I've never been released from. Are others worse off? Have others suffered, given more? Of course, but that doesn't fix my life today. I can't know what it is for them. I only know what it is for me, and it sucks. 

For what it's worth, I've been told by the VA that I'm non-compliant, but by civilian medical personnel that I'm the most compliant patient they've ever had. If I hadn't worked my tail off this past half-year, I'd be losing more than part of my foot. There are a few gems at the VA, but I rarely find them.

[GBArmy]

Really Angry This is none of my business but do have a diagnosis for a MH condition? The reason I ask is that in just a few posts you have revealed that you may have some serious issues going on. Depression/anxiety, etc. If you don't have any MH disability, I would suggest that you seek out some assistance. You have a lot more time on this earth and it is too hard to do it without some help. I don't mean to offend, but consider it brother.

[broncovet]

You posted:

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...I'm getting part of my foot amputated this week because of a stupid mistake a VA podiatrist made ordering me the wrong material inserts for orthotics. I've spent the last 6 months jacked post-surgery to remove undermined tissue on the bottom of my foot

This sounds like an 1151 claim to me!  Perhaps Berta will opine, but it surely depends on the medical evidence, not my opinion and not your opinion.  

However, why else would they be amputated part of your foot?  

To reiterate, if you go to court, you will not likely have to pay attorney fees (they will be paid by EAJA, instead).  However, there is a very limited time to appeal a BVA decision and you should go for it now.  

You can delay an 1151 claim, not sure how long, tho.  

[ReallyAngry]

Thanks, Broncovet. I intend to file that after surgery. 

GBArmy, no sweat man. I'm 70% for major depressive disorder, 100% TDIU since 2010 and 100% permanent and total since 2019, for a long list of things. I've been to the BVA twice. Both times, they slammed the VARO in Atlanta. FWIW, while sitting in the cafeteria at the VARO in Atlanta, waiting for my hearing with the judge, I got a chance to listen to two employees seated not twenty feet from me joking loud enough about a vet to overhear everything about how this guy wasn't getting another dime because he'd already received a big handout. So, I guess it's not about law, but about their personal opinions. One big handout to a customer folks. Who cares how the VA may have screwed up or they might actually have a meritorious claim was their attitude.

As for CCK, I see they have a poor rating on Yelp, but it's because a lot of folks don't like that they wouldn't take their claim/appeal. I don't expect something for nothing. What I do expect is that if someone wants to show up to help me at the end of the day, after I've lifted the bulk of the burden, they better bring something good to the table if they want a piece of this action. In this case, I guess I have nothing to lose. I wasn't going to go to CAVC anyway, so nothing ventured, nothing gained. They contacted me, so maybe they'll take it. Maybe they won't, but I wasn't looking for their help to begin with. I'll take the advice I received here from names I recognize from over the years. I'll give them a call and see what they say. Thanks again.

Only thing is the number they give me to call doesn't appear on the web. I'm nervous this isn't the actual law firm but a scam. Any suggestions on how to deal with it to make sure it's legit?

[ReallyAngry]

Please let me make this clear--when I say they were joking about a vet, they were laughing loudly, the way someone laughs at a bar when they hear a funny story. They disgust me.