porgee Posted September 8, 2017 Share Posted September 8, 2017 (edited) I REMEMBER Broncovet said he didn't have to pay no attorney fees out of his decision from CAVC yet I find this is not correct. If you win an EED of a claim for 2-3 years retro how is it that an attorney get paid more than a vet with an attorney with 15 years of retro without paying. 6 GRAND IS GOOD FOR SOMEONE that work a case for less than a year at the job. Yet a veteran gets 175 grand and the CAVC COST IS $1600.00 for attorney at the CAVC HOW IS THIS ???. Anybody. I WON 175,000 retro ATTORNEY FEE WAS $1600.00 at CAVC plus 20% of the retro. I guess every case is different. Edited September 8, 2017 by porgee Link to comment Share on other sites More sharing options...
0 Gastone Posted September 8, 2017 Share Posted September 8, 2017 When a Vet's lawyer prevails at the CAVC either with a Remand or an outright Award, he then petitions the Court for Legal fees. The CAVC Awarded Fees are paid to the Lawyer by the VA, they don't come out of the Vet's Award or Retro. In the instance of a Remand (CAVC Remands are considered Wins as far as Legal Fees are concerned), it doesn't matter if the Vet prevails on the Remand, the Lawyer gets paid by the VA regardless. A friend got $7k late 16 on an ED Remand, his CAVC lawyer collected like $18K early 16 directly from the VA based on the CAVC Awarded Legal Fees. Not a bad payday, right. Semper Fi Link to comment Share on other sites More sharing options...
0 porgee Posted September 9, 2017 Author Share Posted September 9, 2017 you got that right that's a darn god pay day. I just don't get it still . My attorney been on my case a while and when I got the break down of the fees he charge me and the fees he got from CAVC is no where near 18k or even 6k they paid him $1600.00 for his time at CAVC and this was taken off. I have never heard an attorney get 18K from the VA if that's the case attorneys may a lot of money from VA. HE gets 18k and the vets get 7k out of the award. I just don't believe that is correct or somebody done lied to me. Link to comment Share on other sites More sharing options...
0 porgee Posted September 9, 2017 Author Share Posted September 9, 2017 VA pays an attorney 18k for a 7k award to the vet, that's hard to believe and that just don't sound right about VA paying that much for an argument written up by the attorney because most don't go to court or that's what I been told. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted September 9, 2017 Moderator Share Posted September 9, 2017 Ok. Again, its correct. The cavc often awards attorney fees to successful claimants at the cavc level, to be paid by eaja. The attorney can not collect eaja fees and also from the claimant, except to the extent that the fee agreement exceeds attorney fees. Your attorney has to ask for eaja fees, so you need to tell him to request same. They may not care whether the money comes from you or eaja, and its likely easier to collect from you. My attorney requested and got eaja fees without me asking, but your attorney may not. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted September 9, 2017 Moderator Share Posted September 9, 2017 Eaja fees are often paid even when there is a remand, especially if its a JMR. You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable. If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees. Ask your attorney about eaja fees. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted September 9, 2017 Moderator Share Posted September 9, 2017 Eaja fees are often paid even when there is a remand, especially if its a JMR. You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable. If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees. Ask your attorney about eaja fees. Eaja fees are generally awarded at the cavc level, not at the bva. If you hire an attorney to represent you at the bva its unlikey for you to get eaja fees, as the bva does not award them, tho I dont know why. As I explained, the best time to hire an attorney is with a bva denial appealing to the cavc, as that is the time when you are likely to get eaja fees. Link to comment Share on other sites More sharing options...
Question
porgee
I REMEMBER Broncovet said he didn't have to pay no attorney fees out of his decision from CAVC
yet I find this is not correct. If you win an EED of a claim for 2-3 years retro how is it that an
attorney get paid more than a vet with an attorney with 15 years of retro without paying. 6 GRAND
IS GOOD FOR SOMEONE that work a case for less than a year at the job. Yet a veteran gets 175 grand and the CAVC
COST IS $1600.00 for attorney at the CAVC HOW IS THIS ???. Anybody. I WON 175,000 retro ATTORNEY FEE WAS
$1600.00 at CAVC plus 20% of the retro. I guess every case is different.
Edited by porgeeLink to comment
Share on other sites
Top Posters For This Question
8
5
4
2
Popular Days
Sep 9
9
Sep 12
4
Sep 13
3
Sep 8
2
Top Posters For This Question
porgee 8 posts
broncovet 5 posts
Buck52 4 posts
Gastone 2 posts
Popular Days
Sep 9 2017
9 posts
Sep 12 2017
4 posts
Sep 13 2017
3 posts
Sep 8 2017
2 posts
Popular Posts
Gastone
At Ease! Knock off the "LIAR" talk. This is a HELP site, not a confrontation site. Some could see calling someone a "Liar" as Defamation of character, we certainly don't need that here. Semp
18 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now