Yippee

[Berta]

I just got email from a NOVA lawyer who will handle my SMC CUE claim!

"I can tell you, at this jucture, that if you are still interested in having us represent you, we will certainly do so."

I wasnt sure what to expect-until I just got this-

then again he asked me by phone when I first contacted him -why I even needed him-he thought the claim was so well prepared-

I said I need him because the VA will actually read my evidence whe they see a lawyer on the POA.

Last week I revoked that part of my POA that covers this CUE claim (actually both CUEs)

although my POA NYSDVA revoked the POA themselves last October, the OGC agreed this was illegal-what they did- so just to cover my bases I sent priority mail to NYSDVA to revoke their POA solely on my CUE claims so I could give it to a lawyer-

and that my POA has continued with them for the other claims.

(I will determine when to revoke my full POA from these idiots-not them-they couldnt even do that right per 38 CFR)

[Wings]

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Berta, What are the charges for an attorney ?? What do they cost ??

After 18 months, my VA Form 9 has been "certified" and sent to the BVA in D.C. My EED claim is 4 years old. Been denied once.

I have less than 90 days to submit additional evidence or change my representation.

I am currently pro se and have no representation.

For the first time ever, I have no confidence in my Appeal, and I'm feeling intimidated.

How do I go about hiring an attorney?

[Berta]

Wings- I think they can charge up to 25% at the BVA CAVC Level-

I don’t know what charge I am getting but will let you all know- they have put the POA forms in the mail to me.

The reg for attorneys under the new law that I posted link to yesterday- says VA agrees that 20% is reasonable for these types of claims (NOD filed later June 21,2007)

Here are lists of some attorneys representing veterans

http://www.attorneys4veterans.com/

http://www.vetadvocates.com/statemembers.html

Here is the VA take on the fees regarding the June 21,2007 law:

http://www.vawatchdog.org/07/nf07/nfJUN07/nf062007-1.htm

All of this is difficult to really determine- until a lawyer themselves states their fee-

20 % might be reasonable under the new regs for those claimants but 25 % might be reasonable at the BVA and CAVC-for other claimants.

A CAVC lawyer charged a friend of mine 25%.

All of these charges come out of the retro as far as I have seen- also NOVA can often get an IMO for the claim and that fee is also taken from the retro.

Income limited vets can obtain help from Project Salute but it seems they are only taking Mobile clinic claims-from vets who wait for the van to pull up- I don’t know-I will check with a Project Salute lawyer on that today

[Wings]

Wings- I think they can charge up to 25% at the BVA CAVC Level-

I don’t know what charge I am getting but will let you all know- they have put the POA forms in the mail to me.

The reg for attorneys under the new law that I posted link to yesterday- says VA agrees that 20% is reasonable for these types of claims (NOD filed later June 21,2007)

Here are lists of some attorneys representing veterans

http://www.attorneys4veterans.com/

http://www.vetadvocates.com/statemembers.html

Here is the VA take on the fees regarding the June 21,2007 law:

http://www.vawatchdog.org/07/nf07/nfJUN07/nf062007-1.htm

All of this is difficult to really determine- until a lawyer themselves states their fee-

20 % might be reasonable under the new regs for those claimants but 25 % might be reasonable at the BVA and CAVC-for other claimants.

A CAVC lawyer charged a friend of mine 25%.

All of these charges come out of the retro as far as I have seen- also NOVA can often get an IMO for the claim and that fee is also taken from the retro.

Income limited vets can obtain help from Project Salute but it seems they are only taking Mobile clinic claims-from vets who wait for the van to pull up- I don’t know-I will check with a Project Salute lawyer on that today

Berta, Thanks!!

Does an Attorney get paid even if they don't win? Or, do they work by the hour? ~Wings

[Berta]

I certainly believe they only get paid if they win-I never heard of any vet being billed for a VA claim that a lawyer lost.I believe the regs specifically state that the fee comes out of the retro- if there is no retro- no attorney fee-

I think that since this motivates lawyers to succeed-they do a much better job then reps do.Who get paid whether they help a claim or not

[Wings]

Berta, Thanks!!

Does an Attorney get paid even if they don't win? Or, do they work by the hour? ~Wings

If veterans' attorneys get paid ONLY IF they win, then I suspect most will cherry pick cases and claims . . . I will email a few of them, but I doubt they'll take my case. ~Wings