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-

[mrsvet28]

My understanding was that Vets can get their money, paid to the lawyer, back from the government for fighting their claims under the EAJA. The Vets lawyer has to apply for the money after the claim is successful.

I don't really think that the government wants Vets to know this. Why would the gov promote the fact that they would have to pay, for your lawyer, to fight against their own interest?

But that wouldnt be the 20% of retro award would it-because if I've done most of this paperwork and research(they even commented how I have superb recordkeeping) -I dont wanna share that-because they went to 2 hearings-which I felt the DRO and the BVA hearings were pretty much the same --then it got remanded back to the RO warranting another CP exam..still waiting expeditiously my butt....

[mrsvet28]

Attorneys who handled Court appeals, in the days before we were allowed attorney representation after the first VARO denial, would gladly handle Court appeals because Usually, for the amount of work they put into an appealEAJA would pay them in the event of a Court remand (which is a win)., and the volume of appeals they handled, that would be good enough. There are still attorneys who will not handle VA appeals until they reach the Court, for the same reason. They're not comfortable having to depend 100% on the veteran for payment.

How is a remand a win??

[Philip Rogers]

The court can award, deny or remand. A denial is a loss. An award is a win. A remand is a win because it allows an already denied claim to be sent back and to be re-developed and readjudicated, thus making it a win.

pr

How is a remand a win??

[Philip Rogers]

You can request the attorney(s) send you a monthly statement of hours and costs. I need to correct a statement I made. The attorneys get paid from the award, if they win. If they lose they can request payment thru the EAJA but they don't always get it. The hours and costs must be reasonable and then the fee must be approved. It's kinda a win/win situation for them. The EAJA usually pays.

pr

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

Edited November 8, 2009 by Philip Rogers

[Berta]

"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?"

The BVA- as soon as they open the file- must determine

1. did the vet get full rights under the VCAA?

(They check the wording of the VCAA letter and then the VCAA response form)

2.If the VCAA was deficient (THOUSANDS deliberately are)

does the deficiency prejudice the veteran's claim?

3. If so a remand is in order for correction of that legal error-

The veteran then has an open widow for even more evidence---to be presented asd the VA develops a legal compliant VCAA letter and/or proceeds to follow the instructions in the remand from the BVA.

The claimant at some point has right to waive the RO review-so that the claim can be returned to the BVA for a decision.

If not waived -the vet could receive an award from the VARO at that point-

Most of the backlog however comes from remands that are still done wrong by the VARO.

Mine is good example.

The very first statement on my I-9 (after the statement NVLSP recommends which I posted here many times)

was that my VCAA letter was deficient and I told them why.

Although I didnt waive RO review -the BVA ,after remand and return of the file this time - found that my evidence outweighed even the prejudicial VCAA letter I got, and awarded my claim.

But VARO upon receipt of the award has sent me two incorrect award letters so far-so my claim is still not resolved.

I asked them to CUE the first one which produced another deficient award letter.

Last week I sent my second request due to their clear and erroneous award letter (this second one was worse that the first one) for a proper award letter to them, but also to VACO and the OGC , Chairman BVA and Chairman H VAC.

I figured the more people I send it to-the better my chances of finding someone in the system who can read.

------------

Remands-

A Remand can give the claimant one more window of opportunity to enhance the evidence they have,send more, rebutt any new C & P exam, and to re-submit anything they have not considered.

I followed the remand instructions myself- another thing a claimant can sometimes do-

the remand called for a cardio doc opinion.

I found a cardio doc and prepared copies of the clinical record for IMO.

I got a PA's opinion instead from the VA.

I rebutted the PA C & P diligently hoping my IMO would come in time.Send these rebuttals to remand C & Ps to both BVA and the VARO.

In a few weeks I called to see if the cardio doc was done only to find he had just got to my file.

Then I found a BVA envelope in my mail box- and cancelled the IMO (they refunded half of the fee)

The BVA had read my rebuttal as well as my other IMOs and awarded the claim.

We need to aggressively pursue our claims and never depend on any RO doing the right thing.

And we too can help satisfy what a remand calls for in some cases without depending on the ROs to do it.

Edited November 8, 2009 by Berta

[Berta]

PS_ any claimant can challenge a lawyer's fee.

I posted the regs here when the new lawyers for vets regs came out.

The VA will send a letter as to the fee.

There are 5 conditions that have to be met for VA to pay the legal fees to an attorney.

They deduct the fee from the retro and hold it until you respond to their letter.

You can technically NOD the fee payment if they lawyer has failed to comply with any or all of the 5 points.

The lawyer can then rebutt and file their own NOD.