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BVA Decision

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porgee

Question

BVA granted me and effective date of 2003 in the decision but only paid me back until

2004 one year short and only to say they made a mistake in the first decision. The Judge made

a mistake but this was the year I ask for in NOD. The 6 digit retro is nice but 1 year short and now 

another 5 years of appeals or leave it alone??  It took 9 years in appeals for this only to

get shorted one year. I might let it go tired of fighting the ""goberment'' not goverment

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  • HadIt.com Elder

Check your C-File!!!!

or  Also check with SSA Request to see what medical records they have on you around 2003 or when you filed for SSDI.  they use computers too!

They should have it.

Edited by Buck52
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23 minutes ago, porgee said:

Thanks Buck,

There is one thing I would like to add if you ever file for a EED for a claim you file 

for everything you are entitled to like '" p&t ,child education". This is something I still

got to fight for in appeals. Don't do like me, file for everything at once. I have seen this in some

BVA decisions where they ask for P&T & CHILDS education benefits, but  I know why

I see the claims 

Edited by porgee
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I think you should take attorney Chris Attig's advice.  (Or your favorite VA attorney, NOVA recommended).  You can use this to find one:

https://vetadvocates.org/welcome/find-an-attorney/

You have nothing to lose and everything to gain by seeking an attorney's advice.  Here is why:

They can advise you, if you send in the decision, if they think your claim will fly, and your best methods of winning additional compensation.  (It may not be the method YOU think!)

Then, you can choose whether or not to engage the attorney, or go another route.  

If you decide to hire an attorney, the "perfect" time is with a BVA denial, as Chris Attig pointed out.  I will reiterate the "deal" here for you.  

If the attorney wins at the CAVC level, he will ask, and likely get EAJA to pay your fees.  Ditto if the attorney "wins" a remand.  You pay nothing. 

If you lose, you pay the attorney nothing.  

In all cases, at this level, Win, Lose, or Draw, its in your best interest to hire a professional when it will cost you nothing either way.  

Personally, I did hire an attorney at the BVA denial level.   My attorney "won" a remand, and got paid $6000 from EAJA fees.  While I have not gotten any money yet, when I do, the EAJA 6000 fees will be deducted from anything I may owe the attorney.  For me, this means if my Retro is 30,000 or less, I pay "0" in attorney fees.  Anything above 30,000 in retro, and I will gladly pay the 20 percent if my attorney wins more than 30,000.  Here is an example.  Lets say my attorney wins 40,000 retro.  Wohoo!  Here is what happens:

40000 times 20 percent = 8000.  

EAJA  paid  subtract         -6000

My attorney fee will be      2000, and I will keep 38,000 in this example.    I will be more than happy to pay the attorney the 20 percent of anything above 30,000 when the first 30,000 is free.   

Its possible that I get another BVA denial, from the remand.  If so, I just may take another trip to the CAVC, and, if I win or get a remand, the attorney will ask for EAJA fees there, also.  That is just more money I wont have to pay attorney fees on, tho I much prefer to get it over with and win at the BVA level where Im at now, after a CAVC remand.  

38 CFR 3.156 B is in your favor  here.  You see, if you get a remand your claim is "pending" and any new evidence you submit goes back to the beginning of the time you first sought benefits, that is, the date of claim.   So you could submit new evidence in 2017, for a claim filed in 2002, and your effective date will still be the "date of claim" or facts found.     This means you should still get the 2002 effective date, UNLESS your doc says you became disabled at a different date.   

Edited by broncovet
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Broncovet, thanks a lot I hadn't response because I had a bereavement in my family.

I have talk to some lawyers or at least  two who want the case and their is one I like and he

is suppose to call me  tomorrow. I GOT TO APPEAL this because of P&T and for educational

benefits that I already paid for. P&T will put me at 17 years of TDIU WHICH IS 3 more years

to make 20 at IU.

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Personally, I did hire an attorney at the BVA denial level.   My attorney "won" a remand, and got paid $6000 from EAJA fees.  While I have not gotten any money yet, when I do, the EAJA 6000 fees will be deducted from anything I may owe the attorney.  

Not trying to be smart but you mean at CAVC your attorney got paid $6000.00 he must have had a lot of hours in

or a very difficult case to win a remand 

https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039

Statutory Maximum Rates Under the Equal Access to Justice Act

Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d)(2)(A), Thangaraja v. Gonzales, 428 F.3d 870, 876-77 (9th Cir. 2005), and Ninth Circuit Rule 39-1.6, the applicable statutory maximum hourly rates under EAJA, adjusted for increases in the cost of living, are as follows:

For work performed in:

2016:  $192.68

2015:  $190.28

2014:  $190.06

2013:  $187.02

2012:  $184.32

2011:  $180.59

2010:  $175.06

2009:  $172.24

2008:  $172.85

2007:  $166.46

 

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