Equal Access To Justice Act

[mrsvet28]

http://www.equalaccess2justice.us

According to this link the lawyers make money from our claims whether we win or not.

I do not feel mine are doing anything to speed up the final process, even though I signed a contract-I am ready to let them go because I've done everything they went to DRO and BVA hearing - and I dont feel that warrants all the $ for them-

[john999]

It is apples and oranges if your lawyer is representing you through the entire VA claims process. If they win in this situation they get a percentage of your retro award. Even if you lose at the BVA I would hope your claim is in good enough shape so that when it gets to the Court there is not some fatal defect in it. To my mind this is why you hire a lawyer. He can't make the VA work faster, but he is supposed to be an expert in VA law. He should be able to use the law to give you every advantage. He should recognize the fatal mistakes in your claim and help you correct them before your claim gets to the BVA or the Court. The lawyers are dealing with the same monsterous system we deal with but they are supposed to know how that system works and all the loopholes.

[Testvet]

http://www.equalaccess2justice.us

According to this link the lawyers make money from our claims whether we win or not.

I do not feel mine are doing anything to speed up the final process, even though I signed a contract-I am ready to let them go because I've done everything they went to DRO and BVA hearing - and I dont feel that warrants all the $ for them-

I had an excellent lawyer handle my claim at the RO and the BVA she also taught VA law at a University for new lawyers that wanted to learn how to deal with the VA system. She is a member of NOVA where the lawyers meet quite often and have seminars to share knowledge of the system, when they run into an issue and they need help they can call people like Ken Carpenter, and Robert Walsh very good veterans lawyers to mentor them.

Can they speed up the claims process no, but with a lawyer you stand a better chance of getting steam rolled relying on a SO that may not have had any training to handle a compensation claims.

[mrsvet28]

Did you read the entire content of what the link says, that you just posted.

What it said was, even thought the "Equal Access To Justice Act" (which was enacted sometime in the late 1940's or early 1050's) was SUPPOSED to provide an incentive for attorneys to take on cases brought by citizens that could not afford the legal costs involved in their cases, that it (the Equal Access To Justice Act) was NOT working as intended and that attorney's were NOT, in fact, receiving the incentive that they were intended to receive.

Are your attorneys receiving compensation from this Act?

In the past years one attorney I contacted said they couldnt help me until the BVA level sent a remand or denial-my present one I brought this up to them and they really had no answer and I still dont know-

[mrsvet28]

It is apples and oranges if your lawyer is representing you through the entire VA claims process. If they win in this situation they get a percentage of your retro award. Even if you lose at the BVA I would hope your claim is in good enough shape so that when it gets to the Court there is not some fatal defect in it. To my mind this is why you hire a lawyer. He can't make the VA work faster, but he is supposed to be an expert in VA law. He should be able to use the law to give you every advantage. He should recognize the fatal mistakes in your claim and help you correct them before your claim gets to the BVA or the Court. The lawyers are dealing with the same monsterous system we deal with but they are supposed to know how that system works and all the loopholes.

If I dont keep on them I feel they just sit back and keep telling me "let us worry for you now" that was 3 years ago.....

[mrsvet28]

I had an excellent lawyer handle my claim at the RO and the BVA she also taught VA law at a University for new lawyers that wanted to learn how to deal with the VA system. She is a member of NOVA where the lawyers meet quite often and have seminars to share knowledge of the system, when they run into an issue and they need help they can call people like Ken Carpenter, and Robert Walsh very good veterans lawyers to mentor them.

Can they speed up the claims process no, but with a lawyer you stand a better chance of getting steam rolled relying on a SO that may not have had any training to handle a compensation claims.

My question is: if the RO missed something to begin with(like crucial evidence to the claim) WHY DOES THE BVA REMAND IT BACK THERE TO BE DECIDED- ie: MrVet had a conflicting 2ndCP to IMO exam and 3rd CP agreed with the 3 IMos which were done over a 6 year period?

[mrsvet28]

I hired an atty for my appeal to the CAVC and he won me a remand. He applied for payment under the EAJA. He did have to submit his hours and costs and then they approved his payment. Without the EAJA I couldn't have appealed, to the CAVC. I believe they get paid whether they win or lose.

pr

My point exactly-which is why I am always questioning what they are doing for me-