The key to much success in veterans disability cases is medical evidence.  To obtain some of this medical evidence it is important to understand medical terminology and concepts.  This can be a daunting task for people who are not doctors.  Nevertheless, we have found success through the internet and the use of various professional periodicals that assist us in developing a medical claim.  Here are some of the websites we find useful in addressing various medical issues:

http://www.merckmanuals.com/professional/index.html

http://www.nlm.nih.gov/medlineplus/mplusdictionary.html

http://www.medilexicon.com/medicalabbreviations.php

http://www.webmd.com/

Please understand that I’m not saying that all of your medical connection issues can be solved via the internet, but a good starting, and possibly ending, point is the internet.  There is a wealth of information that can help you make that appropriate connection.  If you or someone you know needs assistance with their VA disability claim have them contact us.  We are lawyers helping warriors.  Don’t give up until you get JUSTICE!  Contact us at 505-880-8737 or at info@justicelegalgroup.com.  We have a network of doctors who can also assist in the development of your claim.

Until Next Time,

David A. Standridge

The VA is taking steps to help veterans by recognizing different situations in which TBI can arise.  I would not do it justice to try and delineate the details of the new information being disseminated by the VA regarding TBI.  That is why I want to encourage you to click on this link to learn more about the steps the VA is taking to help fight against this horrible disability known as TBI:  http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2410

If you know a veteran who has suffered a TBI then have them contact us.  We are lawyers helping warriors get their disability.  Do not quit until you get Justice!  You can reach us at info@justicelegalgroup.com or by calling us at 505-880-8737.

Until Next Time,

David A. Standridge

In its most basic form service connection simply means the ability to connect a current disability with an injury, disease or issue sustained while in service.  Many times people often wrongly assume that service connection means “war” or injury during a military conflict.  This is not true.  A veteran could have a service connected disability arising from an old football injury sustained while in service.  Nothing in the law requires service connection to be tied to military conflict or war.  So how does a vet go about winning the service connection issue?  The answer is more complicated than it seems at first glance.    Most vets are fighting for years to win their disability.  Often times, memories fade, evidence is lost, witnesses move or die and it becomes very difficult to prove service connection.  While there are some diseases, injuries and disabilities that are presumptively service connected, the real challenging cases are those that require more evidence and work.  Here are some quick examples of ways in which we have helped vets establish service connection.

1.  Medical records:  a complete review of medical records can pull out the whole idea of service connection.  For example, if a vet tweaked his knee in service, the first place we look is to see if there are medical records from in service that establish service connection for that injury.

2.  Buddy statements:  These are statements, usually written, by key witnesses who can corroborate the incident.  The best buddy statements are those who were in the same unit or station as the veteran seeking disability.

3.  Family testimony:  Often times vets will tell their closest family members about incidents.  They will share things that they won’t share with others.  That is why we scour old letters, emails and memories for times when the vet told someone about the injury he/she sustained while in service.

4.  Circumstantial evidence.  Often there is no record.  That is not the end of the story.  If a vet is claiming, for example, PTSD because of a traumatic event, we can look at circumstances to see if the event was traumatic enough whereby we could see warning signs.  Was there a change in behavior, or is there evidence of unique activities (ie: drug abuse).  While not the strongest evidence, circumstantial evidence can still be persuasive.

We help veterans obtain their disability benefits.  If you or someone you know needs assistance with obtaining benefits then reach out to us.  We are lawyers helping warriors.  You can contact us at info@justicelegalgroup.com or by calling 505-880-8737.

Until Next Time,

David A. Standridge

Regional Office:  the first level of review of a vet’s claim occurs at the regional office level.  The VA maintains different regional offices throughout various states.  In my state, New Mexico, the regional office is located in Albuquerque.  When a vet files a claim this is the first place where a claim will be reviewed for accuracy and completeness.

DRO:  Decision review officers—these folks are the next line of consideration.  Assuming a vet properly files a notice of disagreement in the proper time frame, the claim will go to the DRO.  The DRO is the best chance a vet has for winning his/her case in a fairly quick time frame.  The DRO level is where we try to handle all of our cases and find the most success.

BVA:  The Board of Veterans Appeals—if you don’t like what the DRO decides on your case, then your next stop is at the BVA.  The BVA offers you an opportunity to submit new evidence and to develop your claim.  The BVA holds video hearings with the hearing officers in Washington.  In addition, BVA officers will travel different circuits to hear cases.  I have found that if you want to appear before the BVA in person during one of their travel boards, then you will most likely wait for an entire year to get a hearing.

CAVC:  the Court of Appeals for Veterans Claims—this is the highest court in the VA system.  Cases that come to the CAVC are reviewed on the record of what was created in the lower levels to ensure that the law was applied properly.  Relatively speaking, very few lawyers are members of the bar of this highest court.  I am honored to hold a license before the Court of Appeals for Veterans Claims.  It is important to make sure your case is handled by someone who knows each level of these processes.  Only then can you ensure that you can maximize your chances for prevailing.

I truly enjoy helping and working with veterans.  In my practice I review each case personally and take the time to work with the client to develop the evidence and record that is needed for prompt and complete recovery.  If you or someone you know need assistance with obtaining veterans disability benefits please contact me at info@justicelegalgroup.com or by calling me at 505-880-8737.

Until Next Time,

David A. Standridge

One possible argument against paying back child support is the doctrine of “waiver.”  Waiver is an equitable argument, meaning that it is an argument based on the court’s sense of what is “justice” in the particular situation.  It is my experience that many so called “dead beat” parents are parents who just have been prevented from having a relationship with their child because of a vindictive ex-spouse or a parent who hid the child from the other parent.  In situations like this you need to raise the defense of waiver.  New Mexico law recognizes one’s ability to raise equitable claims as a defense to different child support arguments.  However, to adequately raise the issue of waiver you must make sure that you use defense in the appropriate manner.

Waiver is when you have tried to be involved in a child’s life and the other parent has taken an affirmative approach of preventing you from being involved.  While waiver is recognized in New Mexico it is difficult to prove and establish.  That is why a claim of waiver requires the appropriate development of facts and witnesses with the use of discovery techniques, like interrogatories and depositions.  Only experienced practitioners can effectively use this argument with any success.  Don’t count on every “family law” lawyer knowing about this position.  As such, it is imperative for your success that you find attorneys who are experienced in prosecuting waiver defenses to back child support.  That is why you need to contact the Justice Legal Group.

If you think you have a claim for waiver contact us at info@JusticeLegalGroup.com or call us at 505-880-8737.  Get Justice in your child support case and see how things can change.

Until Next Time,

Amanda Navarro

Federal tax law indicates that whatever parent has the child for most of the time (in excess of 50%) gets to claim the child.  While that may seem like the end of the discussion it is not.  There are other considerations.  In NM, our courts have held in the case of Macias v. Macias that it is up to the trial court to determine who gets to claim a child.  Many factors are considered, but among them are:

1.  Whether the other parent owes any child support arrearages

2.  What parent benefits the most financially from claiming the child

3.  How the claiming of the child impacts on the award of child support

4.  The relative financial position of each party.

5.  Other obligations to be considered that can impact on the best interests of the child.

As you can see, the claiming of the child is not as clear cut as to who has the child most of the time.  That is why it is important to make sure that your Marital Settlement Agreement or Parenting Plan has a provision for who claims the child.  For this reason we often counsel people regarding their child support obligations.  When we file a motion to modify child support we often also file to modify who claims the child for tax purposes.  Therefore, if you have questions about claiming a child for tax purposes please contact us at info@justicelegalgroup.com or call us at 505-880-8737.

Until Next Time,

Amanda Navarro

The effective date of a VA disability claim is the date that the disability payments start.  While there are exceptions and some finer points that impact on the effective date the main reason that vets’ claims do not retroactively go back far enough is because of the chain of continuation.  When a vet receives a rating decision of any sort (whether it is a decision granting, denying or giving a certain percentage) the vet has one year to file a notice of disagreement.  Once the notice of disagreement with the rating decision has been filed the vet secures the ability to go back in time to the original claim.    However, if the vet misses the one year time period then that chain of continuation has been broken and the VA will only go back as far as the reopened claim.  Here is a quick example.  A vet applies for disability for PTSD in May 2010.  The vet gets a rating decision of 30% in August 2010.  The clock starts to tick in August 2010.  Thus, the vet has 1 year from August 2010 to file a notice of disagreement.  However, let’s say the vet doesn’t file a claim to up the 30% disability rating until January 2011.  Then in January 2012 the vet gets an increase to 50%.  The vet then files a notice of disagreement asking for 100% in March 2012.  Finally in March 2013 the vet gets 100%.  The effective date for the 100% is March 2012 when the vet filed the notice of disagreement within the 1 year period.  It does not go back to 2010 because the chain of 1 year disagreements was broken.

That is why it is important to speak to a knowledgeable attorney, like those at the Justice Legal Group, who can assist you in ensuring that you maximize your claim for disability.  If you have questions about your VA disability claim please contact us at info@justicelegalgroup.com or by calling our office at 505-880-8737.

Until Next Time,

David A. Standridge

Parental alienation is what one parent does to the child to try and prevent the child from wanting to be with the other parent.  Such a practice is harmful to the child and to both parents.  While many of the impacts of alienation do not become evident until later in life, it is best to understand and fight this process now!  If you do not, then you only succumb to future problems and further alienation.  There are some signs associated with alienation.  While these signs are not definitive that alienation is occurring the more signs you see, the more likely it is that you are faced with an alienation situation.

1. Giving children the choice of visiting even when that choice is not up to the child.

2.      Involving the child in the litigation.
3.      Refusing to acknowledge that children have property and may want to transport their possessions between residences.
4.      Noncooperation—preventing the other parent from obtaining records and information.
5.      A parent blaming the other parent for financial problems, breaking up the family, changes in lifestyle, or having a girlfriend/boyfriend, etc.
6.   Asking the child to choose one parent over another parent.
7.  Raising the question about changing the child’s name or suggesting an adoption.
8.  Using a child to gather information or “dirt” on the other parent.
9.  Parents setting up temptations that interfere with the child’s visitation.
10.  Demands to the other parent that is contrary to court orders.

This list is not exhaustive, but is a good list outlining symptoms of what occurs when alienation is present.  If you suspect that your child is being alienated then it is imperative that you speak with a  lawyer that is familiar with how to overcome the alienation, like the attorneys at the Justice Legal Group.  Our attorneys are trained in our unique method of handling such cases.  The most important thing to remember about alienation is that it won’t stop unless you put a stop to it.  That requires a detailed plan to help you reach your goal.  If you or somebody you know has been involved in with a custody alienation situation then contact the lawyers of the Justice Legal Group today and change the tide in your favor.

Until Next Time,

Amanda Navarro

Upon being retained we send a spoliation letter and letter of representation.  In these letters we notify the carrier and driver of various items we want to keep to adequately protect our clients.  Here is a brief list of the items we want to make sure are protected for the benefit of our clients.

1.  Post collision drug and alcohol tests:  The reason for this is obvious.  If a driver was drinking or somehow under the influence, the resolution of the case and liability will be easier to show.

2.  Bills of lading for any shipments for the day of the collision and the eight days prior to the collision.

3.  Any oversized permits or other applicable permits or licenses.

4.  The daily logs for the day of the collision and the month preceding the accident.

5.  Inspection reports

6.  Maintenance, Inspection and repair records or work orders on the tractor and trailer for the day of the collision and for the 6 months before the accident.

7.  The driver’s qualifications

8.  Photos of the vehicles involved in the accident.

9.  Trip reports or dispatch records .

10.  Any drivers manuals, guidelines, rules or regulations given to the driver.

There are other items that are important but we handle those through different processes once the initial letters are sent.  Thus, as you can see, it is very important to keep and maintain the important evidence that will impact on the value of your case.  That is why is necessary for you to talk to an attorney that is familiar with serious semi-truck accidents, like the attorneys at the Justice Legal Group.  If you have any questions about your trucking case contact us at 505-880-8737 or by emailing us at info@justicelegalgroup.com.

Until Next Time,

David A. Standridge

Truck drivers are subject to the Federal Motor Carrier Safety Regulations.  When an accident occurs with a semi-truck, be aware that truck drivers and the companies that employ them share the obligation and responsibilities under the Federal Motor Carrier Safety Regulations.  The FMCSR definition of employee includes and independent contractor operating a commercial motor vehicle on behalf of a trucking company.  Motor carriers require every driver to record his or her duties status for a 24 hour period.  No driver may drive after being on duty 70 hours in a period of 8 consecutive days.  The FMCSR sets out in detail the manner in which the carrier has to qualify each driver.

Moreover, the carrier must investigate the drivers background, including prior driving record and history.  The driver must pass a road test and have a physician certification confirming that the driver is medically capable to operate a large truck.  The driver’s qualifications must be kept for as long as he or she is employed and for three years after his or her employment ends.  The driver must have a log for the previous 7 consecutive days available for inspection when on duty.  The motor carrier must keep these logs for six months.

If you happen to be involved in an accident involving a semi-truck then it is important to make sure that certain evidence is preserved for future inspection and use in the development and prosecution of your case.  In the next blog post we will address the items that are important to preserve.

If you or someone you know have been injured in a trucking accident contact us immediately so that you can create the best case possible.  You can reach us at info@justicelegalgroup.com or by calling 505-880-8737

Until Next Time,

David A. Standridge