VA

Why Choose Attorney David Pinyerd?

Experience Counts


I have personally handled over a 1000 Disability cases and we have won millions for our clients. We are an Indianapolis Disability Law Firm and we are located right here in Indianapolis.

Don’t be fooled by the advertisements of out-of-state companies where you will only talk to a case manager or non-attorney. For VA claims, we represent cases at all levels, including the Regional Offices (RO), the Board of Veteran’s Appeals (BVA), Court of Appeals for Veterans Claims, Federal Circuit Courts, and the Supreme Court. And we aggressively pursue your benefits for VA and SSA Disability.

Disability Claims

We can assist you with the following disability claims and more:

Post-Traumatic Stress
Disorder

If you have PTSD and served in combat or state-side, and your PTSD is military service-related, you are entitled to benefits. Don’t let the VA push you around! Call us for a free, confidential consultation.

Knees or Back

We have had many Veterans qualify for benefits for knee problems and back problems as a result of service. This could include job duties, incidents during training, chronic problems, or secondary conditions to other physical conditions.

Hearing Loss and Tinnitus

Most Veterans we talk to have either tinnitus (ringing in the ears) or hearing loss to some extent. This seems to be a chronic and widespread problem not properly addressed by the VA. It is important to know the VA will often times test for hearing problems and have inconsistent results. If it is possible, we recommend a private non-VA doctor to get an independent hearing test.

Agent Orange Exposure

The VA presumed Agent Orange exposure if you stepped foot in Vietnam during the war; and now, if you were in the qualified Blue Waters (offshore) and never even stepped foot on the ground, you may qualify. The presumption allows for an automatic grant of benefits for certain conditions. With that said, we have still seen the RO deny an initial claim that should qualify for a presumption. Don’t let the VA push your around! We will aggressively pursue the benefits you and your family are entitled to and we will not give up!

Degenerative Arthritis

While serving, your job duties may have aggravated and/or substantially caused your arthritis. It is possible to get benefits for arthritis even if your service only aggravated or contributed to your arthritis. With these cases, we also recommend an independent non-VA doctor if possible, since they are usually more specific than most VA doctors are willing to support.

Assault

The military has made efforts to address physical and sexual assaults in the military. With that said, it is not enough. If you have been physically or sexually assaulted while serving, call us for a free, confidential, no obligation consultation.

Free Consultation & Make Appointment

We are a free no obligation, completely confidential consultation or second opinion for your case.

7 myths about VA Disability

You must have served overseas or in combat – this is not true

Getting VA disability benefits will take it away from someone else (this couldn’t be further from the truth)

VA disability offsets Social Security Disability or Retirement – this is not true.

My VA Disability will affect employment in the future.

You must appear in front of a Judge. This is not true. It is possible to apply and appeal your VA Disability claim and never set foot in a Courtroom or in front of a Judge.

I shouldn’t pursue all conditions at once. This is a complete myth and for some reason non-Attorneys have been telling Veterans to only apply for some conditions now and others later. You should apply for each and every condition.

If I’m not diagnosed with PTSD, I shouldn’t apply now. This is not true! If you feel as though you have PTSD related to service, you can apply now and begin seeking treatment after you apply. It’s not too late to do either. Don’t give up! We are here to help!

7 tips for appeals under the new Modernization Act:

You should gather all the available evidence, including nexus letters from your doctors, as soon as possible. You should also seek the advice of an attorney who knows the new rules and regulations of the Modernization Act.

Once you are denied the first time, the new rules say the VA no longer has a duty to assist. You should not delay in getting advice from an attorney immediately if you have been denied.

Do not think that just because you have been denied that you should not appeal. Most initial applications are denied, even cases where there is presumption of service-connection. The VA also makes mistakes. You are not taking away benefits from another Veteran if you do not appeal. To the contrary, it is always possible Congress may restrict the budget for VA Disability and change the criteria in the future; if it is found fewer Veterans are applying and appealing VA benefit applications.

Know and understand all of your options for appeal at each stage. It is not true that there is one appeal lane everyone should take.

Keep in mind the VA can reduce your rating percentage in certain circumstances so be sure to have a qualified attorney review your appeal.

Do not delay in filing your appeal for any reason. There are often additional pieces of evidence required and legal arguments that need to be made, so it is important to not delay in obtaining all available evidence and then filing your appeal.

Always follow-up with the VA if you have not received confirmation from the VA on receipt of your appeal within 30 days.

3M fact sheet

The 3M lawsuit is a private lawsuit against 3M alleging 3M’s faulty earplugs caused hearing loss and tinnitus

We keep hearing three common myths about these cases and wanted to get the word out there so our Veterans are informed of their options.

1. You will not lose service-connected benefits for tinnitus and hearing loss

Current Veterans already receiving VA Disability benefits for hearing loss and tinnitus will not lose those benefits after a settlement is made against 3M.  There is a misunderstanding because sometimes that is not the case.  If the lawsuit was against the Federal Gov’t and/or VA, then it would fall under the Federal Tort Claims Act.  In that case, future benefits would be offset by a settlement.  But in the 3M case it is NOT against the government!  It is a private lawsuit against 3M.  So it does not fall under the Federal Tort Claims Act, and future benefits for VA Disability would not be affected by a private lawsuit judgement or settlement.  Please note:  some other VA benefits are needs-based could be affected by a large settlement, but VA service-connected disabilities are NOT need-based.  Therefore, there is not offset for tinnitus or hearing loss for VA Disability.

2. The total amount paid out by 3M will likely be in the Billions

The $9.1 Million settlement you may have heard about is the settlement between 3M and the federal government regarding that contract.  It is NOT the total that will be distributed to the 3M Veterans suing 3M.  We expect the total settlement to be in the billions – possibly the largest amount ever paid out for this type of lawsuit. 

3. The 3M lawsuit is a multi-district litigation (MDL) and NOT a class action

Keep in mind, this case is a Multi-district lawsuit, and NOT a class action. That means if you have more severe hearing loss, you will likely have a stronger case for more compensation that someone with minor hearing loss. Every case will be a separate lawsuit. Since there are thousands of cases against 3M, it was consolidated with all cases moving to the Federal District Court in Pensacola, FL, for the sake of efficiency. You have more control of your case in MDL.

If you’d like a free consultation, contact us below