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Attorney Fees

Berta

Asked by Berta,

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Berta Grand Master

Berta 4,215

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Posted

There are 457 decisions in 2008 alone regarding aoorney fees at the BAV web site= this one is good-

http://www.va.gov/vetapp08/files2/0816848.txt

The veteran's retro was $267,362.67.

"The requirements for payment of attorney fees in the amount

of 20 percent of past-due benefits payable to the veteran, in

the calculated in the amount of $53,472.53, have not been

met. 38 U.S.C.A. § 5904 (West 2002); 38 C.F.R. § 20.609

(2007). "

A case of a lawyer trying to pull a fast one on a veteran.

Pro Bono lawyers charge nothing-

NOVA's executive Director- Rich Cohen told me they often get the vet an IMO themselves-

I forgot to ask him if this is an additional charge to their fee.

Like the above veteran I too was asked to sign an undated fee agreement.

Something about that didnt seem kosher to me. The lawyer was interested in an Offset of 5 figures that the BVA said VA has to award to me upon award of my AO claim or even my other direct SC claim.

If I had not withdraw this POA this lawyer could have easily put in a 1998 date and try to get 20% of a claim I have that doesnt even fall under the June 20,2007 regs.I did all the work on that claim myself. I aint sharing the retro.

I hired the lawyer for a CUE claim not my AO claim--with NOD filed the week that the new lawyer regs became law.

Their interest in the CUE claim was gone when they saw the BVA statement as to my FTCA offset amount.

Let the buyer beware.

If I find a case that shows a lawyer can legally ask for travel fees ,copy fees etc- I will let you know but I have not seen that yet.

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Berta Grand Master

Berta 4,215

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http://www.va.gov/vetapp08/files2/0810516.txt

This widow almost got ripped off by her attorney.

The BVA will not allow this to occur. But still-----

you have to appeal any attorney's fee that seems too high.

I prepared an appeal for a local vet. The VA wanted to send his attorneys 8,000.

They claimed they represented him for many many years when he was at BVA and the CAVC himself without any lawyer.

After 12 years I got him an award.

(Not me-I got him to get an IMO -the evidence got him the award-the VA rejected it -from a fabulous expert in the field) and then the doc wrote another IMO that confirmed to the criteria for IMOs that I posted here-)

There are five legal conditions that an attorney must meet to get the Fee from retro.I think I presented a well written legal argument-over the excessiveness of the fee they charges this vet.

I think his lawyers deserved 100 bucks tops.

He has not heard yet from the BVA on it.

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