Va Even Tries To Scam Lawyers Their Due

[Rockhound]

While catching up with my reading of recent CVCA decisions and opinions, I came across this one. The VA was trying to short change a Veterans Lawyer, who won his claim for a 70% award which was reduced to 10% because he was incarcerated/Jailed. The Lawyer was intitled to 20% of his award, but the VA wanted to base it on the lowered 10% rating.

I'm glad to see that the Lawyer was successful in pleading his case that he was intitled to 20% of the original 70% award the Veteran would have been intitled to, had he not been in jail at the time.

Even though I hate to see a claim have to go so far as to have a Lawyer win it for a Veteran and 20% of his EED accrued benefits being paid out of his award, which, had the claim been done right to begin with the Veteran would have been 20% richer. Having said that, I am glad that the Lawyer won his case against the VA in the end, but wish that things would have been better for the Veteran, so there would have been no need for him to be in jail.

Rockhound Rider :P

http://www.vetapp.uscourts.gov/documents/Snyder-381.pdf

Edited March 14, 2009 by Rockhound

[Berta]

I have a local vet who the VA wanted to overpay his lawyer.

They wanted to pay the lawyer for retro going back to a CAVC case the vet had- whereby he represented himself long before he attained counsel. The lawyer stepped in during his second CAVC case.

I am still waiing for the vet to hear from the VA on this- we nodded the legal fee and used the VA's 5 point legal fee criteria (which I feel I proved with evidence that the lawyer did not meet).

This involved a legal fee of $8,000 -in my opinion the lawyer's fee should have been about 100 bucks-just to cover some letters and phone calls.She did nothing at all to help this vet get his award.

I guess VA can underpay and over pay legal fees in many cases.

A lawyer can NOD the proposed fee as well as the veteran- who ultimately pays it through their retro.

[Rockhound]

Just goes to prove Berta, that there is no consistancy within the VA on how they make their decisions.

It's similiar to, two different claims but with basically the same issues and evidence, one gets approved, the other disapproved, or one gets a 10% rating and the other a higher rating.

There is no accountability for consistancy.

Rockhound Rider :P

[hollywoodnc]

I have a local vet who the VA wanted to overpay his lawyer.

They wanted to pay the lawyer for retro going back to a CAVC case the vet had- whereby he represented himself long before he attained counsel. The lawyer stepped in during his second CAVC case.

I am still waiing for the vet to hear from the VA on this- we nodded the legal fee and used the VA's 5 point legal fee criteria (which I feel I proved with evidence that the lawyer did not meet).

This involved a legal fee of $8,000 -in my opinion the lawyer's fee should have been about 100 bucks-just to cover some letters and phone calls.She did nothing at all to help this vet get his award.

I guess VA can underpay and over pay legal fees in many cases.

A lawyer can NOD the proposed fee as well as the veteran- who ultimately pays it through their retro.

I had a similar problem with an 'Ambulance Chaser' who claimed that SSDI owed him his due pay.

Not only did I supply him with EVERYTHING that he needed to prevail, but after a conversation with this imbecile, I decided to terminate his employment two to three months into the contract.

SSDI accidentally payed him, and I filed fraud charges with the OIG against him, being that he was terminated months earlier.

(I had won SSDI without having to participate in a hearing).

The moral of the story...

I trust lawyers as far as I can throw them! Lawyers are nothing but con artists looking for quick and easy cash.

Veterans are the new "Easy Money" for these J-O's! Very little work for a big payoff.

[deltaj]

While catching up with my reading of recent CVCA decisions and opinions, I came across this one. The VA was trying to short change a Veterans Lawyer, who won his claim for a 70% award which was reduced to 10% because he was incarcerated/Jailed. The Lawyer was intitled to 20% of his award, but the VA wanted to base it on the lowered 10% rating.

I'm glad to see that the Lawyer was successful in pleading his case that he was intitled to 20% of the original 70% award the Veteran would have been intitled to, had he not been in jail at the time.

Even though I hate to see a claim have to go so far as to have a Lawyer win it for a Veteran and 20% of his EED accrued benefits being paid out of his award, which, had the claim been done right to begin with the Veteran would have been 20% richer. Having said that, I am glad that the Lawyer won his case against the VA in the end, but wish that things would have been better for the Veteran, so there would have been no need for him to be in jail.

Rockhound Rider :P

http://www.vetapp.uscourts.gov/documents/Snyder-381.pdf

I read this case and it appears to me that the attorney was unsuccessful in winning his appeal. Note that the introduction to the case states that the attorney made an application under EAJA and the last line of the case states the application was denied. Accordingly, the attorney lost on appeal. Thank you for posting this interesting case.

[cvsp]

As I read it the lawyer lost the case.

From reading between the lines.

Lawyer picked up a case of a vet who was in jail.

Won the case for 70% disability.

Law mandates that any rating is reduced to 10% while in jail.

Lawyer appealed and lost.

Seems like the lawyer should of known better up front. That is if he did win the case for the client in jail, the rating would of been reduced to 10%

While it is a shame that the vet is in jail, it does look like he won in regards to his legal help.

[broncovet]

For my two cents worth, I want to see the VA lawyers get paid AS MUCH AS POSSIBLE as quickly as possible, because more lawyers will enter VA cases and force the VA to do what they should already be doing. It is a shame we have to have lawyers, but there is a whole industry of Social Security lawyers, which is massively larger than lawyers who represent Veterans. If there is money in it, the lawyers will come.

I spoke with a lawyer about 3 months ago who told me he used to represent Veterans but quit because it just took too long to get his money. As far as I know there are dozens and dozens of Social Security lawyers in my local area in Ohio, but I know of only ONE who practices VA law here.

Edited March 16, 2009 by broncovet