Question About Getting A Lawyer

[hawkfire27]

Hi All, Does anyone know about getting a lawyer for a BVA appeal???

Do lawyers get payed by the government or the vet, (I know SSA lawyers can get paid by the government)my husband is 100% and can't organise this and I am from out of country and I don't understand the US legal system very well.

Any help would be great and much appreciated. Thanks

Edited April 22, 2010 by hawkfire27

[Testvet]

there are a lot of lies out there about what lawyers can charge for handling VA cases unlike SSD where the fee is capped at 25% of a max payments of 5400 dollars the lawyers that handle VA claims can get 20% of all back pay with no maximum but also they do not get 20% of all future payments either just the back pay the veterans gets the entire future checks.....there are procedures for the COVA cases where veterans lawyers can file tohave their fees paid by the EAJA provisions regardless I fought the VA from Oct 2002 most here know my case real well when they allowed us to get lawyers in July 2007 I did as soon as I could which took all the stress off of me and the lawyer dealt with it within 2 years my cardiac issues were SC which the VARO and all of the SOs had told me I would never get SC no matter what I did, I was fighting a lossing battle and my wife would never be protected if I had a haert attack and died before I reached the 10 year mark of being SC for PTSD given my extensive cardiac problems that is a very real possibility 7 heart attacks, a failed triple bypass and 2 failed stents and an ejection fraction of less than 30% so getting the cardiac SC was real important for my family the lawyer got it doen, she was a NOVA trained lawyer and is a member of their group, I was lucky she took my case pro bono because she felt they were doing me wrong and they were, so when she got me the SMC S back to Dec 2003 she wouldn't take a nickle for it even though I was more than willing to pay the 20% she earned it as far as I am concerned and my wife also, but she said ethics prevented it. That is something the VARO seems to forget about ethics the sooner you can get a lawyer involved I suggest you do so just for your mental health

[SLEDGE]

I misspoke below.

My lawyer got my TDIU for free, pro bono, no cost.

He has filed for EAJA funds and may have already received that check.

I know I will never be overcharged by 'my lawyer' and he is still doing his thing.

sledge

[Testvet]

sledge there are some great veterans lawyers out there and then there are some who do not know diddly and hurt the veterans they represent I suggect you do your research on any lawyer "you hire" and do they belong a group that had continuing education classes, do they have mentors that help each other or are they a solo operation? Do they have a track record that you can see and use to help make you decide no lawyr wins every case not should they be losing 90% of them either do your homework before signing a contract with any lawyer

[SLEDGE]

I would recomend NOVA (National Organization of Veterans Attorneys) first.

My PTSD specialist is a charter member and as far as I know he is always maxed-out with clients.

By contacting NOVA or a NOVA lawyer you should get a list of attorneys that can do the job.

Don't hire any lawyer that wants money up front before you win any retro benefit money.

The same is true with SSD lawyers.

Mine asked for nothing up front and his payday came straight from the government as a percentage of my retro.

He does not turn away anyone so his win record is only about 95%.

Lawyers that know how to win are not starving and will not require anything up front before you are awarded.

sledge

[broncovet]

I agree with about all that has been said and will add my 2 cents:

If you do decide to get a lawyer, be certain (s)he is experienced in VA law, as a "regular" non VA lawyer wont help you much, because, as Berta pointed out the VA "goes its own way", and VA law has very little to do with "regular" LAW.

Also, Test is right that 20% of the retro will be the max you will pay. (Plus they may be able to charge you for some expenses, copies, etc). Some good alternatives to paying the 20% may work: You may be able to get a Pro Bono (for free) lawyer, or your fees may be paid by EAJA. Of course, I would persue the "free" methods of gettting a lawyer before committing to pay 20%. Even if you do wind up paying 20%, many have pointed out 80% of something is more than 100% of nothing.

Lawyers do "pro Bono" work for many reasons, and some do an excellent job of it. You can begin a search for a Pro Bono attorney Here:

http://www.vetsprobono.org/