Robert Franklin Howell is a
combat veteran who has had lengthy experience in dealing with
the Department of Veterans Affairs. Robert was wounded while
in Vietnam by NVA rifle-fire. After his Honorable Discharge
from the Marines in 1970, he successfully applied for disability
benefits from the VA and attended law school
through VA's vocational rehabilitation program. Robert clerked
for a time, while in law school, for a Veterans Administration
legal unit. Robert has also successfully filed his
own claims for increased disability benefits, dental
reconstruction benefits and housing loan guarantee benefits
since entering civilian life. Robert has
litigated administrative cases, appeals and jury
trials in more than 500 state and federal cases since becoming
a licensed attorney in 1976. Robert has a special
interest in cases involving psychological injuries including
post-traumatic stress disorder (PTSD), total disability due to
unemployability, and brain injury due to physical trauma. He
also has a special interest in clear and unmistakable error (CUE)
claims based on poor past performance by VA
decision-makers.
Robert
has a breadth and depth of appellate and litigation
experience, and in his career has represented clients in a
broad array of cases, from first degree murder
cases, to administrative hearings, to jury trials
in catastrophic personal injury cases. Several years ago,
however, Robert decided to focus
his law practice on veterans' disability benefits claims and
appeals. A major reason for this decision was his experience
with the bureaucratic process when he applied for an
increased disability benefits award in his own case, more than 20
years after his initial award, and once again encountered the
bureaucracy. Although Robert was once again successful in his own
case, he was also amazed at how convoluted and frustrating the administrative
claims process has become, and how patently unfair it is
now to veterans, who deserve an equal playing field with the DVA,
which has a full staff of attorneys to advise officials in how to
attempt to legally justify denial of veterans'
claims.
Veterans have literally given their blood,
sweat and tears to defend this great country. Now it is the
government of this country which owes a great and unpaid debt to
its disabled veterans. Our veterans should not be faced with the
endless red tape and technical bureaucratic denials which plague
the DVA's veterans benefits system. You have no doubt
experienced the frustration that results from butting up
against a system which often seems more concerned with expediency
than fairness. Yet you have had the courage and
determination to continue to fight for the benefits to which you
are entitled. I salute you.
The Final Place to Win Your
Case.
If you
have already filed an appeal to the Court of Veterans'
Appeals, you will no doubt have also already received many
letters from veterans appeals attorneys. Unfortunately, this
direct mail system is necessary because there is no way for an
appeals attorney to fully assess the merits of your case
without a careful review of your entire claims file, and in the
vast majority of cases there is no way for an attorney to
access your claims file while your case is still at the
administrative claims level. Thus, for claimants to have
access to attorney-representation, it ordinarily means that the
attorney must decide whether to take the appeals case without first
having a thorough knowledge of it. However, I will be able to make a reasonably
accurate decision about your case if you are able
to send me a copy of the most recent decision from the DVA, by
fax to 831-372-0173, or by snail-mail to 2100 Garden
Road, Suite C301, Monterey CA 93940. As soon as I have had a chance
to review the DVA decision I will promptly contact you, so please
be sure to include your telephone number or e-mail
address. I will tell you what I think about your claim and
about the likelihood of success at the CAVC, and I will also
answer any questions you may have about remaining remedies before
the BVA.
If I cannot take your case, or if you would prefer to
discuss it with other attorneys, I can also recommend
other attorneys whom you may wish to consider. However, I
strongly urge you to retain an attorney -- even if it is not me --
because I guarantee you that the Department will be fully
represented at the CAVC by able and experienced counsel who will
leave no stone unturned in once again attempting to defeat
your claim. If you would like to discuss your case or the
possibility of me representing you --
contact the Robert Franklin Howell Law
Office.