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

[letushavemrebread]

On 3/18/2022 at 1:20 PM, Vync said:

@letushavemrebreadWow, that's just crazy. That sounds like you might have received some phishing attempts. The VA recently sent out emails to warn vets about those things. However, it does sound suspiciously like they might be trying to scam the VA for billing like you noted. I guess the only way to find out for sure is to call the 1-800 Peggy number and see if they really did make those attempts.

Prior to my last C&P exam by LHI, the VA sent me a letter to tell me I would be contacted for scheduling -- this is good so I knew to expect it. LHI sent me a letter describing the examiner, their title (NP, MD, etc...), the type of exam(s) being performed and so on. Of course, it already had a time and date pre-scheduled for me. I had to call and tell them that I needed to reschedule which was fine because it was a phone call-based exam only. They didn't need to do an in-person because I had one at the VAMC a few months earlier (long story).

 

I spoke with the QTC and it was a real initiative but it was trippy because of the new and different phone numbers.

The real issue was that the Examining Doctor requested additonal labs after our appointment.

So my claim decision was not finalized.

If I wasn't a paralegal I wouldn't be able to pull numbers and get documents so quickly.

To all the guys in this forum, I would recommend a lawyer.  They are barred at 30-40 percent but these guys are the only ones that can get proper retroactive dates of awards and volley CUE claims.

The attorney who handled my file caught the board cheating recently.  They tried to effective date a claim for 2018 when it went back to 1974.  SO VSO maybe, but to get your file meticulously reviewed I would say an attorney who cares.

Jody

[McRay]

18 minutes ago, letushavemrebread said:

The attorney who handled my file caught the board cheating recently.  They tried to effective date a claim for 2018 when it went back to 1974

My claim was originally turned down in 1978 due to no records of being treated for concussion or being in an accident that resulted in a concussion/tbi. I refiled again in 2015 and was turned down again. I hired a law firm and the missing records were found and I was granted SC. Of course they lowballed me on % and effective date which is under appeal.

I am sure that hiring an attorney made all the difference as they found service records and the VA treated the claim differently. The new evidence/records were found a few days before decision to grant was made.

[USMCNASA]

As an update, here is where I currently stand:

I did not find any firms that would take my case.  Admittedly, I did not check back on this thread for a while and missed some of the suggested lawyers, so they may have taken my case.  I don't know, as I did not contact them.

I reached out to two of my recent previous civilian therapists.  I used a readily available template from a well known organization that helps vets.  I edited the form enough that it was not plagiarism to make it my own.  The form was a Statement of Mental Health and asked specifically for an opinion on whether my conditions were related to service.

My most previous civilian therapist completed the form and stated that anxiety was related to service and that depression was exacerbated by service.  She also stated I have PTSD related to service, but I do not have a current VA diagnosis for PTSD, so I did not do anything with that.  My second most previous therapist declined to complete the form due to no longer having treatment records for me.

I reached out to REE Medical and received a Nexus Letter.  The writing psychologist took all of my evidence into account including my buddy statements, therapist statement, C-file, current VA treatment records, and service records.  I believe it is a well written and effective Nexus Letter and was well worth the cost.

I submit my supplemental appeal in writing along with my therapist's Statement of Mental Health, Nexus Letter, and a second statement from myself.

Within 2 weeks I received a letter from the VA stating they received my intent to appeal but have not received any supplemental evidence.  It was all bound together in a report file with table of contents and tabs clearly identifying where each piece of evidence was.  Nice VA.  I will submit my evidence again I guess.

I also received an email that I had an appeal C&P exam scheduled with Veterans Evaluation Services.  I had that exam today.  It went much better than my initial claim exam, but I still felt like I was being led down a path.  I did much better this time talking only about my disability and how they are related to my service.

I am hoping that even if the exam comes back unfavorable, since I have two documents from two service providers, those will outweigh the exam, and that benefit of the doubt will go to the veteran (myself) and I will not be denied again.  Fingers crossed.  I will try to return and update as I learn more. 

I very much appreciate all the info, help, and support I get from this forum.  I am not on here often, but when I am on here, I am always grateful for the responses.

Thanks!

[broncovet]

It sounds like you are appealing a VARO decision, and you can represent yourself at the BVA.  (Or use a national VSO).  

Or, you can keep trying for a different attorney.  I went through about 5, before I found one that would take my case, so dont feel like the lone Ranger.  

At the BVA, they expect Veterans to have "less than professional" representation, ie, self (pro se), VSO, or even a friend.  

Now, if you should lose at the BVA, get an attorney at cavc right away.  Its fairly easy to get an attorney after a BVA denial, after alll, EAJA pays the fees.  

[USMCNASA]

Yeah, I am doing a supplemental appeal.  I am not sure what VARO or BVA are, but I filed an initial claim - was denied due to lack of continuity of symptoms.  After that I gathered more evidence and filed a supplemental appeal.

What you shared is really great info!  What is the EAJA though?  What does it mean that they pay for the fees?

Unfortunately I my VSO is the local American Legion and they have been very slow to respond.  I guess there was a guy there who was volunteering his time to help with claims and he no longer does it.  I considered getting a different VSO but never followed through with that.

Thanks!

[Whodat]

Bronco is right. 

Now I was denied a claim for the same. Lack of continuity. Now what does that mean? Well I never ran to the doc for little things. But it doesn't mean that I had did self treatment.

You can fight BVA on that one. A statement of support of claim may help you as well as a buddy statement where the seen you do self treatment. Even your family members. 

Now if BVA denied you, go higher. The good thing is that your lawyer fee will not be coming out of your backpay. That's where EAJA comes into play.