Any law firms represent less than 100%?

[USMCNASA]

I am currently rated at 30% combined.  I submit a new claim for disabilities not on my original claim.  I got denied.

I've reached put to several firms for help, and all of them have said they either only represent low income/unemployed vets or vets seeking 100% or Total Disability.

Anyone know of firms that help for less than 100%?

I'm pretty mad about my denial, as QTC was contracted for my appointments.  I had 3 C&P appointments in 2021, during September.  There was no mention of any additional appointments.  Then out of nowhere I was emailed on Feb 7th about an appointment on the 9th (which went to junk mail).  I received a paper packet in the mail from QTC postmarked on the 9th, for said appointment on the 9th.  I was out of town, so i did not see the packet until March, but even if I was home I wouldn't have seen the packet until the afternoon, on the 9th, which would have been too late.  So, I missed the appointment. On Feb 14th a decision was made.

I went into this with hopes I would get fair treatment, but this experience really makes me feel like the cards are stacked against me, and I need help from someone else to have a chance.

Thanks for any info,

 

Rob

[Whodat]

Referring back to your topic question, as far as attorneys, in my opinion, you do not need one just yet unless you are appealing a decision. 

You stated that you are at 30 percent. Don't know what the 30 is for. 

Do you have any ratings at 0 and if so have you applied for an increase? Did you get denied for increases and did you study your decision letters to see why? Was your c&p examiner following correct protocol? Did you appeal the decisions? Did you include your secondaries?

If you do more research on hadit, you may be able to do things on your own without an attorney. 

Years of experiences on here like t bird, broncovet Berta brokensoldier and many others will give good advice that can get you out of the darkness of that corner and lead you to the brightness of the light. 

[USMCNASA]

My 30% is combined for a separated right shoulder in service and a broken arm with post operative surgery.  Combined 10% osteoarthritis right shoulder and 20% separation, right shoulder with residuals, right humerus fracture, postoperative.  From what I had read in the past, I think 30% is the highest rating I can get per limb.

I was denied due to only having a subjective link between in service injuries and mental disorders.  I did not have a nexus letter, which I knew was preferable but I thought I had enough lay evidence to support the claim.  I have witness statements from people who knew me before the service and other Marines who I served with at various duty stations, which gives evidence of a serious change in my behavior post injury.  Also, I have been receiving mental health services through the VA for a few years now, with a diagnosis of anxiety and depression, and I also had a polysomnography through the VA, I am diagnosed with sleep apnea and have a VA issued CPAP.  I thought I had enough there, but I guess not.  On a good note, the C&P examiner did provide a diagnosis of anxiety and depression as well, so I at least have that on record through C&P (as well as VA Health).

I did not provide civilian mental health information, which I guess I will need to do.  I did not want to do that because I have discussed things in therapy that have nothing to do with my military service and I don't think I should need to share that information for a VA claim.  I guess I will need to.  Still, the problem will be that I first received civilian mental health services around 2012, and separated in 2005.  I know they will still say "no continuity of symptoms" etc.  Honestly, I didn't even know what was going on or that I needed help right after service - I always thought everyone else was the problem.  In hind sight I can now see how bad things were, and I am lucky enough to have Marines close to me that provided statements supporting my claim.  However, it just wasn't enough evidence.

Oh, and my thoughts about the nexus part - the last appointment - the one I missed - that is the appointment that if I had a chance to attend, could have proved the nexus connection.  Maybe not though.  It still could have been denied I guess.

 

Edited March 16, 2022 by USMCNASA

[broncovet]

Most of the law firms Im aware of "do not require 100 percent" for representation.  

They DO require, however:

1.  You send them a recent denial decision.

2.  That, in their opinion, "you have an issue of merit".  

3.  The law firm "not be too busy" to handle your case.  

4.  Its an area of VA law "that they are familiar with" or want to take on.  Example:  Not all law firms representing Vets are familiar with SMC, and some dont even want to go there, either.  

5.  In "the law firm's opinion" its worth it for them to take your case.  If there is very little retro potential, it may not be worth it for them.  For example, if you were trying to get an eed for tinitus for 2 years, the potential retro would be about $2400, so 20 percent of that is $480.  If the lawyer charges about 200 an hour, then he just cant stay in business investing hours and hours (and years of waiting) to make under $500.  

     My advice:  Try other law firms. I have hired several to represent me, and (each time I was successful).  But, I had to persist and talk to 4 or 5, or more, before I found one that would accept my claim.

Law firms are often reluctant to tell you "why" they declined to represent you.  Its often a money decision, but not always.  Remember, you make money decisions, too, but do not always buy the cheapest available...on some things you may well step up and spend more because you think its worth it.  Ditto for law firms.  

     As an example, maybe a law firm WILL represent you when the retro potential is small, especially if the law firm can "make a name for their firm", that could generate future clients.  Still, however, law firms need to pay legal aids, and the other bills, just like we do.

    There is a shortage of law firms who represent Veterans.  Why?  Well, would you want to work for 3 or 4 years and then only "maybe" get paid, at the discretion of a judge?  Most of us want to get paid on Friday, not 4 years from Friday.  Im suprised there are as many law firms as there are, given the slow pace at which Vets claims are decided. 

     I spoke with a lawyer, who said he "quit" doing VA claims because he could not wait THAT long to get paid.  Social security is often faster, so many law firms specialize in Social Security disabilty rather than Veterans.  I think VA likes it that way, so there is no incentive for VA to hurry up the process.  They simply hunt for new ways to delay you.  

Pick from a law firm here:

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

[USMCNASA]

Reading through the forum more, I think I have some additional things I can do on my own before seeking a law firm.  My denial letter states that my current anxiety and depression are not service related and instead it is "more likely than not" caused due to the recent passing of my Father in law and the fact that I have returned to school and am taking college courses.  I feel like that is B.S. because although those current events do contribute, I have had anxiety and depression far before either of those events.  Regardless, I understand the VA has no "evidence" of my "continuity of symptoms" other than buddy statements.  Here are a few things I can think of that may help me:

1.    I received mental health services at Keller Army Hospital.  Those treatments were ordered for substance abuse counseling.  During those treatments I discussed with the therapist how after having my arm broken from arm wrestling, and needing surgery to fix it I felt like a total loser, and that I was made fun of and constantly felt embarrassed and ashamed.  Most of the guys in my shop did it jokingly, but it still made feel pretty shitting always being reminded that I lost, badly.  She counseled me that I was self medicating, an alcoholic and that I had anxiety/depression.  I have copies of my medical records but there is no mention of any of that counseling.  I have contacted Keller Hospital several times, but they have no record of it.  From my research online, all I can find is that substance abuse counseling records are difficult if not impossible to get from military service. 

If anyone has any info on how to get those records, I'm all ears.  It seems like there should be a way to at least get appointment history, if not full treatment records, but all Keller keeps telling me is to fax in a records release form, which I have done twice, and each time they have replied that they have no records for me.  At this point, I think the best I can do is try to get more buddy statements that I had medical orders to receive mental health counseling once a week for months.  I am still close with my Sergeant at the time, and he can testify that I had to go to those sessions.  

2.    I am going to reach out to all of my previous civilian mental health professionals for statements that I sought treatment for anxiety and depression (starting in 2013 - I got out in 2005, so I may still be dead in the water if they want to say something about the 8 years between end of service and first treatment).

3.    I have a VA clinic doctor diagnosis of obesity.  I have read that a service connection between anxiety/depression and OSA is typically denied; however a secondary connection of obesity to anxiety/depression is more likely to be granted, and from there the OSA can be service connected to obesity.  This seems like a really round-about way of needing to "link" things, but I get it that "the system works, how the system works."

4.    I guess I will need to fork out the $$ to get a nexus letter from someone to provide a statement that my anxiety and depression are "at least as likely as not" caused by my injuries in the service.  I would be fine asking any one of my previous civilian mental health providers, but I have read that those letters are really tricky and they should be written by no less than a psychiatrist and they have to be worded pretty specifically.  Is this true, or can I have just have one of my previous therapist/psych N.P write one?

Is there anything else anyone can think of that would make my appeal stronger, or any advice at all anyone can give?  I saw the denial letter section, and I can post my letter there if that would be helpful at all.  Also, yesterday I submit a request for my C-file, so I can see the results and comments from the C&P examiner.

 

Thanks again for any input or help.

 

[USMCNASA]

Again, I wanted to give credit where credit is due.  I just had an appointment with my VA therapist.  She is very good, and has given me the contact info for an excellent local VSO.  Also, she shared some statements from her therapy notes that directly contradict some of the statements for denial in the C&P exam.  She explained to me that I can print out those notes - that I SHOULD pint out those notes - and I should highlight and submit with my appeal.

 

There are those at the VA who really do care about us vets, and who really are working for us.  I don't want to lose sight of that.

[Berta]

I suggest you contact the White House Veterans hot Line:

 

855-948-2311

The C & P exam might not reflect what you actually said .