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Need A Us Court Attorney


dav_marine72
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  • HadIt.com Elder

Anyone know of a good attorney at the court that takes their cut from the government reimbursement? My first lawyer was working under that premise. Someone had posted attorney Robert Chisholm as a good lawyer but he wants a $1500 fee and 25% of my back pay. This is such BS. The VA screws up and I have to pay for it? Please let me know if anyone used a decent lawyer that did not charge. Thanks.

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The CAVC web site has a list of lawyers who can practice before the court:

http://www.vetapp.gov/practitioners/

What is the 1500 bucks for-does he intend to pay for an IMO for your claim?

http://www.vetsprobono.org/ this is a link to free (pro bono) lawyers who handle CAVC cases.

I am working with a pro bono lawyer for a CAVC case- that is- I assessed the case as best as I could -

lawyers dont win cases-evidence does.

By the time a claim gets to the CAVC, the CAVC will only remand or grant if the BVA made errors so significant, it could impact on the case.

In the case a lawyer contacted me on,the veteran's evidence was highly questionable to the BVA but I did find a possible

VCAA violation that could cause a remand and therefore possibly set the stage for the veteran to submit more evidence or clarify his nexus situation.

The court makes it's decision on the record before the BVA at the time the BVA made their decision.

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  • HadIt.com Elder

Hi Berta,

Thanks as always. He told me because I am so far along he would have to stop working on other client and bump me up. Hence the $1500. I dont have that to pay. Then 10+ years of fighting to lose 25%. I have to have a three level lumbar fusion on March 12. How much more does the VA need to put at more than 20% ortho and 10% neuro? I am pissed!

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Sorry to hear about your status. Sounds like this guy is trying to pull a fast one. Have spoke to one attorney in Il and her firm take pro bono then she gets 20% of the award you get plus fees too...I have been doing it alone and told her my case was at BVA now...had a free consult, and I was more familiar with the protocol than she was...but I have been working on this over 5 yrs and she just 1 yr helping vets. She was nice and very willing to help.

No up front $ gets nothing if you don't win though. I know what you mean about giving someone mucho $ when you do years worth of work...but down the road there may be a time their services will be needed and 20% plus fees is better than me getting nothing.

Check watchdog.org they have info about some good attorneys. Good luck dude.

Anyone know of a good attorney at the court that takes their cut from the government reimbursement? My first lawyer was working under that premise. Someone had posted attorney Robert Chisholm as a good lawyer but he wants a $1500 fee and 25% of my back pay. This is such bullshit. The VA fucks up and I have to pay for it? Please let me know if anyone used a decent lawyer that did not charge. Thanks.
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  • HadIt.com Elder

I'm kind of shocked with this 20% - 25% stuff. My original lawyer was getting reimbursed from the government with no out of pocket cost to me at all. No percentage of my back pay. Did I have the nicest attorney in the world and now I'm screwed?

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  • HadIt.com Elder

I recommended Robert Chisholm. He did my CAVC appeal and won a remand. There was no cash award so he was paid under the EAJA and I didn't need to pay anything.

Berta is right. Once it's assigned to the CAVC there can be no more evidence added. The case is decided on the evidence of record.

I don't know why he requested $1500, plus the percentage but I do want to make a point. He's entitled to be paid. I've used lawyers before and usually have had them take a percentage. That's how they work. Why should you get free services?

pr

Anyone know of a good attorney at the court that takes their cut from the government reimbursement? My first lawyer was working under that premise. Someone had posted attorney Robert Chisholm as a good lawyer but he wants a $1500 fee and 25% of my back pay. This is such bullshit. The VA fucks up and I have to pay for it? Please let me know if anyone used a decent lawyer that did not charge. Thanks.
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  • HadIt.com Elder

First off let me start off by saying lawyers do have a right to be paid, no one is disputing that fact. The fact is at this point we are talking about a lawyer looking through my case and then negotiating with the U.S. attorney. I know there is work behind the scenes but if that is worth around the $12500 estimate on my case there is something wrong with that. The fact that you are accusing me of wanting something for nothing is an insult. I have been fighting the VA since 2000 for my benefits. I have provided all the evidence needed to get a 90% rating. Right now I am 70%. Rather than site home and try to get TDIU and social security I go to work everyday under a cocktail of sedatives, anti-depressants, and pain killers. I can't get life insurance to protect my wife and children because of my service connected disabilities.

So yes I don't believe a lawyer should get $12k of my 50k when my evidence points I should have been that way in the first place. This attorney you are so high on wanted to charge me $1250 because he would have to work on my case in front of other clients because I am already at the court and have been there for some time. How does that help his clients? There are many lawyers who do these cases for the fees they can get reuimburshed from the government. Why should I have to pay a laywer when the VA screwed up? I'm scheduled for a service connected three level lumbar fusion in March in which my employer is saying if you can't make it back in 6 weeks then find another job. Don't make judgements about people or situations you don't know about.

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