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THOMAS HAS SUCCESSFULLY HANDLED CASES BEFORE THE COLUMBIA REGIONAL OFFICE, BOARD OF VETERANS’ APPEALS, COURT OF APPEALS FOR VETERAN CLAIMS, AND COURT OF APPEALS FOR THE FEDERAL CIRCUIT. HE HANDLES CLAIMS FOR DISABILITY COMPENSATION, DEPENDENCY AND INDEMNITY COMPENSATION, AND VA MEDICAL MALPRACTICE UNDER SECTION 1151 AND THE FEDERAL TORT CLAIMS ACT.
THOMAS HAS SUCCESSFULLY REPRESENTED VETERANS IN CLAIMS INVOLVING PTSD, AGENT ORANGE, INDIVIDUAL UNEMPLOYABILITY (IU), REDUCTIONS, AND INJURIES TO THE KNEES, SHOULDERS, BACK AND FEET, AMONG OTHERS.
Representative Cases
Five years after accepting the case and after three decisions by the Board of Veterans' Appeals, obtained service connection for quadriplegia that had initially been denied as arising out of an alleged DUI. By use of affidavits from witnesses and weather report information, was able to prove the motor vehicle accident did not involve alcohol and was actually caused by ice on the roads and was able to obtain significant SMC benefits for the veteran.
Four years after accepting case convinced the Board of Veterans' Appeals to increase the veteran’s PTSD from 50% to 70% and grant Individual Unemployability going back nearly 8 years.
Assisted a veteran who's PTSD had been reduced from 100% to 80% and within three months of being retained the VA reinstated the 100% rating.
Represented a veteran who was attacked while training in the military and has suffered from PTSD since. After years of applying and being denied, I got a remand from the Court of Appeals for Veterans Claims and Board of Veterans' Appeals which resulted in service connection and a 70% rating going back nearly 5 years. Ten months later got the client an increase to 100% due to a rating for Individual Unemployability.
The veteran injured her right knee in the military and it was service connected. However, the back began to hurt as a result of the right knee. Gained service connection cervical and lumbar back and left knee and secured an increase from 50% to 90% going back nearly 5 years. Seven months later the veteran was increased to 100% based on additional ratings for radiculopathy and sinusitis.
Represented a veteran before the Court of Appeals of Veterans Claims, Board of Veterans' Appeals, and Regional Office. Eventually was able to service connect the veteran's schizophrenia and have it rated at 100% going back nearly 10 years.
VA Claim Process Questions
The VA claims procedure is complicated and involves numerous choices that have benefits and tradeoffs. Here is a general explanation complete with approximate timelines.
Supplemental Claim?
A Supplemental Claim can be filed anytime after an initial decision, but is most helpful when there is a decision made within one year that you think is incorrect and you have new evidence to present. If a Supplemental Claim is filed within one year of the underlying decision, it keeps the claim alive and preserves the earlier effective decision.
Filing an Supplemental Claim usually results in a new examination and then a new decision. Normally a new examination is requested within 60 day of submission and the examination often occurs within one week of it being scheduled. A decision is usually made within 30-60 days after the examination. These timelines can go longer depending on the number of disabilities claimed and the number of examinations needed.
HLR (Higher Level Review)?
A HLR is helpful if the VA has made a decision within the last year and you believe it is incorrect, but you do not have new evidence to submit. Frequently, a HLR is helpful if the issue is more legal than fact based, such as an earlier effective date or that an examination supported a higher rating than the prior decision granted.
A HLR must be filed within one year of an RO decision. It results in a decision being made by a higher level reviewer. After the HLR is filed, the VA will schedule a telephone call which is an informal hearing between the VA decisionmaker and your attorney. The time between filing and the informal hearing is very variable. Some occur within 30 days, but waiting as long as 120 days is not unheard of. The informal hearing is not meant for submission of new evidence or testimony, but simply allows for your attorney to highlight your argument to the VA decisionmaker. After the informal hearing, a decision is made. Sometimes the decision is made within the week and other times it can stretch to 60 days. HLRs frequently result in a remand because the decisionmaker finds a duty to assist occurred; the duty to assist usually requires a new VA examination.
Notice of Disagreement (Appeal to the Board of Veterans’s Appeals)?
If the VA made a decision within the last year that you disagree with as a result of either a Supplemental Claim or HLR, you can also appeal to the Board of Veterans’ Appeals. The Board sometimes makes better decisions than you get at a lower level. There are several choices to be made about Board review that you should address with your attorney as some allow for presentation of new evidence and some do not, and some involve a hearing whereas some do not. The good news about a Board decision is that they are made by individuals who have more autonomy to make good decisions; the bad news is that a Board decision will take somewhere between two and four years.
DISCLAIMER
THE RESULTS SHOWN HERE SHOULD NOT BE CONSIDERED AS A DESCRIPTION OR CHARACTERIZATION OF THE QUALITY OF THE FIRM'S REPRESENTATION AND IN NO WAY SHOULD BE INTERPRETED AS A GUARANTEE OF A SPECIFIC RESULT OR OUTCOME OF ANY PARTICULAR CASE. AS SUCH, THE READER SHOULD NOT RELY ON THE CASES BELOW TO DEVELOP ANY EXPECTATION REGARDING THE VALUE OF HIS OR HER CASE.