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Now Lawyers Are Trying To Take Us To Court!

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mrsvet28

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Here I am writing for opinions on this: WE won our claim after 12 years pretty much by myself writing letters to Senators and Congressman we had hired a lawyer previous to our DRO hearing who worked for the current ones who are trying to take us to court in a month: Here is a brief sceneario--

We signed a fee agreement they said they couldnt represent us without it

Now they state"they thought we were their friends and never filed the fee agreement" ? "the VA says they never filed the fee agreement/ and then:

I got a letter from the AMC -before the claim was resolved a year and half ago-saying( they )were asking for payment-I said payment for what nothing is closed

They never answered me if they filed for the EAJA

They specified "all monies recovered" and didnt even know how much was due to us in the retro

I asked for an audit from the VA and they should have I think

There is still monies unaccounted for and nothing matches in totals

there is much more to this complicated matter

Now they hired a lawyer to collect from us- we were just enjoying our retirement home-

I am prepared to take them on-

Is this a matter between the VA and them? and why do I have to collect for them

Can they garnish our monthly until the VA pays them ?

all replies welcome Thanks Mrsvet

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I AGREE- AGREE

NOW THEY WANT TO MEET TO SAVE COURTS COSTS AND COME TO A AMICABLE PAYMENT-?????????????????? BUT IF THEY DIDNT FOLLOW PROCEDURE WHY DO THEY WANT THE MONEY FROM US-IT ISNT OUR PROBLEM

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"Are they entitled to 20% of the retro of 5 yrs. previously before we had them-or are they only entitled to the time we hired them w/b 07-09?"

I helped a local vet with something similiar- but I had all of his records and understood the situation he had.

Basically- what happened was that the law firm was of record as his representative for one of his CAVC cases.

Prior to that he had represented himself to the BVA and the CAVC.Same claim but he was again denied.

He received a letter from the VA stating they were withholding a specific amount from his retro (12 years of retro)until they heard from him -regarding the law firm's fee.It was based on 20% of the retro- much of the retro however was when he had not even retained them yet.

They had done nothing at all to advance his claim. I helped him get the award.

The VA letter gave the 5 conditions that are needed in order to pay a lawyer fee.

Based on those conditions I prepared this NOD for him quoting him verbatim in some parts:

"This is a Notice of Disagreement with your Attorney Fee decision dated May 27,2005.

1. You failed to consider copies of letters to these attorneys in my c file that rescind their POA and representation. They never competently addressed my SMRs as to any nexus nor did they interpret my medical evidence in any positive documented way that led to the award.

2. You based their fee on my retroactive award date of June 18, 1998. How could they be paid a fee back to a date 4 years prior to my even knowing who they were?

3.I have enclosed 2 CAVC docket sheets and you can readily see that I was Pro se appellant on the docket dated 11/8/2000. Ms XXXXXXXXXXX, on the subsequent docket re: BVA decision dated June 12, 2002 did not ‘continuously prosecute’ my claim as she was on an extended leave from her firm at some point after that time.

4. The regulations are quite clear as to the hiring of an attorney within one year after a BVA decision. These lawyers were not hired within one year of the BVA Nov 8, 2000 decision. How could they be, I never had even heard of them at that time.

5. I have no documentation that either XX XXXXXXXXX or XX XXXXXXX prosecuted this claim in any viable or continuous way.

6.I fail to comprehend any VA rationale as to the fee you have decided as due them from the date of the claim, June 1998, up to XX XXXXXXXXXXX name appearing on the CAVC docket in 2002.

I cite 38 USC 5904, 38 C.F>R> 20.609 © (3) (2004) and Stanley V. Principi 283 F.3rd at 1359.

Encl: 2 CAVC docket sheets"

I lost contact with this vet and don't know the outcome of this NOD.But my point is this-

1."however the first atty. was knowledgeable in VA law-he came to the hearing and presented later an addendum to the evidence file- a week or two later he left the practice for something else"

That lawyer had seemed to be recognized by VA as your attorney-perhaps he himself had filed a fee agreement that passed over to the firm when he left.

2. Did the VA in any way suggest they were withholdng any legal fees and did they give you an opportunity to challenge those fees? Basically like the vet I knew above did?

3. Were these lawyers in your situation listed as your POA?

In this part of the NOD I put here----

"4. The regulations are quite clear as to the hiring of an attorney within one year after a BVA decision. These lawyers were not hired within one year of the BVA Nov 8, 2000 decision. How could they be, I never had even heard of them at that time."

Could this part apply to you?

The regulations were in the VA letter we responded to.I imagine they could be available at the VA web site-

Also I had studied some fee agreement appeals at the BVA.These agreement amounts can definitely be challenged and I do not think the VA ever send out any lawyer fee without formally contacting the vet who has the lawyer on their POA...?

"I got a letter from the AMC -before the claim was resolved a year and half ago-saying( they )were asking for payment-I said payment for what nothing is closed"

What was the result of that response?

Dd you file a NOD like the above vet did and explain to them how any or all of the 5 conditions had been met or failed to be met by the lawyers?

Philip raised a good point-aboput the state Bar Association

Once I had a lawyer say he would not refund my payment for services he didn't perform.

He then refused to take my calls. So I left a message that if he did not return my call in 24 hours

I would call the state Bar Association instead.

A few hours later a courier knocked at my door with the money he owed me.

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Yow I just found this- it might help you:

http://www4.va.gov/vetapp09/files5/0940164.txt

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This case contains the numerous regs that control lawyers fees:

http://www4.va.gov/vetapp09/files3/0921009.txt

I only recall 5 things VA stated in their letter to the vet I mentioned. And I realised that these laws and regs changed different ways since I helped that vet

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Yow I just found this- it might help you:

http://www4.va.gov/vetapp09/files5/0940164.txt

Berta,

this appeal was great !I couldnt wait to get to end end reading it to see the outcome- favorable of course!- went to speak to someone in the county director of Veterans affairs today-he said this: Ask them if they filed for the EAJA (which I asked them before with no reply) and why didnt they bother filing the fee agreement ever anyway? The issue isnt about the money to them-the issue is about there is money missing and the audit doesnt match my records-like I had told them-as our attys. they should find all this out/ they are saying you better pay us all of it- BUT THEY BREACHED THEIR CONTRACT/BY NOT SUBMITTING THE FEE AGREEMENT-WHERE IT STATED AS SIGNED "I UNDERSTAND A COPY OF THIS FEE AGREEMENT WILL BE FOWARDED TO THE BVA AND THE CAVC-(but I believe that wasnt where it was to be sent;)and I dont know if they even have form 21a for accreditation to represent us or not/

Since they nare trying to strongarm us/ we are setting up a meeting with them-P>S> the lawyer got a lawyer to serve us the papers-

IF THEY DIDNT FOLLOW PROCEDURE TO COLLECT FEES AS AN ATTORNEY BY THE LAW- WOULDNT THAT MAKE THEM AN ADVOCATE?

I guess I could file a complaint to the OGC for excessive fees such as your download appeal states: the time they put in is a DRO one hour and the BVA hearings one hour /one letter to schedule exam,3 meetings for one hour that is it. and for this they want 20% of a claim I opened 99 and handed it to them all done in 07'-

I am mfiling for the earlier date in 99- since they went only back to 02- any advice about that?

Hope you are enjoying the weather uphere flowers are blooming-upstate NY and PA are pretty close in weather! Thanks MrsVet

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Berta,

this appeal was great !I couldnt wait to get to end end reading it to see the outcome- favorable of course!- went to speak to someone in the county director of Veterans affairs today-he said this: Ask them if they filed for the EAJA (which I asked them before with no reply) and why didnt they bother filing the fee agreement ever anyway? The issue isnt about the money to them-the issue is about there is money missing and the audit doesnt match my records-like I had told them-as our attys. they should find all this out/ they are saying you better pay us all of it- BUT THEY BREACHED THEIR CONTRACT/BY NOT SUBMITTING THE FEE AGREEMENT-WHERE IT STATED AS SIGNED "I UNDERSTAND A COPY OF THIS FEE AGREEMENT WILL BE FOWARDED TO THE BVA AND THE CAVC-(but I believe that wasnt where it was to be sent;)and I dont know if they even have form 21a for accreditation to represent us or not/

Since they nare trying to strongarm us/ we are setting up a meeting with them-P>S> the lawyer got a lawyer to serve us the papers-

IF THEY DIDNT FOLLOW PROCEDURE TO COLLECT FEES AS AN ATTORNEY BY THE LAW- WOULDNT THAT MAKE THEM AN ADVOCATE?

I guess I could file a complaint to the OGC for excessive fees such as your download appeal states: the time they put in is a DRO one hour and the BVA hearings one hour /one letter to schedule exam,3 meetings for one hour that is it. and for this they want 20% of a claim I opened 99 and handed it to them all done in 07'-

I am mfiling for the earlier date in 99- since they went only back to 02- any advice about that?

Hope you are enjoying the weather uphere flowers are blooming-upstate NY and PA are pretty close in weather! Thanks MrsVet

Well this new "move" by the lawyers really blew my mind!

I called the VA to see what the status was of the second appeal which is hypertension secondary to PTSD-it was remanded back for a further CP exam-that was completed on Dec2 09-it was favorable by the doc-as I have a copy- lt would effect the future benefits to myself- if MRVet demized of this /I would still be able to receive his benefits/ are u ready for this????????????

THE VA SAID THE APPEAL WAS WITHDRAWN ON DEC 22 09/ AND WE HAD NOT WITHDRAWN IT/ NOR DID THE ATTYS OFFICE EVER TELL US ABOUT IT

WE DO NOT HAVE A LETTER FROM THEM-AND HAVENT EVEN SEEM THEM SINCE THE BVA HEARING SINCE SEPT 09!!!!

I CONTESTED IT OVER PHONE-AS WELL AS CERTIFIED LETTER-

SO I BELIEVE THIS WAS A "MOVE" BY THEM TO COLLECT THE EAJA-SINCE BOTH APPEALS WERENT FINAL-

TODAY I'M SENDING A CERTIFIED LETTER TO THE GENERAL COUNSEL TO REPORT THEM---

THEY WANT TO GO TO LOCAL COURT FOR THEIR FEES/BUT THEY TOTALLY BREACHED THEIR CONTRACT(WHICH THEY CLAIM THEY NEVER SUBMIITED)-

IF I CONTESTED THIS-DO I HAVE TO START ALL OVER?-IT WOULD HAVE BEEN DECIDED BY NOW

I AM TOTALLY SEEING RED OVER THIS---- ANY INPUT FROM YOU GUYS OUT THERE

THANKS MRSVET

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