Need to retain an attorney for back pay-- best references?

[Wanderer]

My cognitive problems will not allow me to do this solo. Where should I look for competent attorneys who do not charge too high of a contingency fee? I aim to get compensated from the date of my first disability claim denial 24 years ago.

Thanks in advance.

[GBArmy]

There are several. Woods and Woods, Hill & Ponton, Walsh Vet Law, Perkins, etc. Keep trying if denied. There are a lot of reasons why you can be denied taking on the case. The most likely is they are overloaded or they just don't have enough expertise to handle your claim. But large back pay is a great incentive to take it on. Good luck.

[Dustoff1970]

If you have no luck with other law firms, you might give Dr. David Anaise a call as he is both a veteran's attorney and VA disability expert for over 30 years in addition to being a MD and Surgeon.  I have used him successfully within past 5 years to win two separate BVA appeals that also resulted in my receiving an SMC-S rating.  For only $1500.00 he issued two separate medical nexus opinions in great detail with many medical references to support my appeals.

I have not used him as an attorney but only for his medical expert advice.  He also handles veterans' disability cases before the U.S. CAVC veterans court in D.C.

He does everything by phone, email, fax, test msg, and slow mail from his offices in the Tuscon area.  Some jealous vets claim to have never heard of him!!  Google search for Dr. David Anaise will show a link to his website.

Good luck.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited July 10, 2022 by Dustoff 11

[broncovet]

Im familiar with all GB Army's suggestions "except Perkins", and have no idea who he is.  

I will add my list:  

1.  Ken Carpenter..the best of the best.  He's won millions of dollars for Veterans for decades and, more importantly changed Veterans law for the good of Veterans with precedent setting cases. 

2.  CCK law is probably the largest, most well known Veterans law firm.  They know way more about SMC, for example, than VA employees.  

3.  I have had good luck with Chris Attig (he tells me his practice is limited to CAVC or Federal, but that could have changed).  

4.  Glover Luck has done right by me.  

    Incredibly, each of the above law firms have turned me down for representation at least once.  

    But 2 of those has represented me on other issues.  

I would always pick a NOVA (NATIONAL ASSOCIATION for Veterans Advocates) lawyer:https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

All of the above are on the NOVA list.  

    "If" you have a recent BVA denial, and your attorney appeals to CAVC (likely), EAJA will pay your lawyer fees, and you could pay 0.  

     If you havent had a recent board decision (within 120 days), then you will likely pay 20% to 35% of your retro for representation.  The fees lawyers charge is strictly regulated in Veterans law.  For example, your lawyer will have to "justify" why he is charging more than 20 percent, if he does.  Sometimes its well worth over 20 percent.  

      One example:  You have a complex case, lasting for decades.  Your attorney needs to arrange for IMO opinions, and you have no money up front to pay for them.  Not all attorneys will do this, but some will "up front" the cost of a doctors opinion, and you wont pay anything unless you win.  

     In all cases, if you dont win any retro, you pay nothing.  Mostly, you have lots to gain, nothing to lose.  

     There are also "non attorney advocates".  However, they generally charge the same, but do not have a law degree, so sticking with a lawyer seems to be a safe, wise bet, in most cases.  One reason:  If a man (or woman) is persistent enough to obtain a law degree, there is a good chance he is also persistent enough to see your claim to completion.  

NEVER be discouraged if a law firm declines to represent you.  Just contact another firm.  I have hired 3 law firms to represent me over the decades, all had a favorable outcome, and I hired them after being turned down by several other legitimate law firms.  

You will likely need to contact at least 3 firms to find one that will represent you.  Sometimes you get lucky and get one on the first try, tho.  

 

 

Edited July 10, 2022 by broncovet

[ShrekTheTank]

I used Barry Law Firm and they are local to me here in Nebraska.  They did a great job at the CAVC and the BVA.  

I was turned down by two of the above and BLF took my case.

[broncovet]

Im not alone in this:  Several hadit members have been turned down by law firms, hired another, and eventually won their claim. (Shrek is one who was turned down, then won their claim with other attorneys).  Persistence wins when every thing else fails.  

Its not a negative reflection on you when turned down.  Many are just too busy to take your case!!!

 

Edited July 10, 2022 by broncovet

[pacmanx1]

After CCK turned down representing me at the CAVC my appeal is back at the CAVC pending.