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United States -vs Va

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Guest elizabeth

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Guest elizabeth

I would like all veterans to know the united states courts DO NOT RECONIZE the veterans courts ELIZABETH

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Guest fla_viking

Dear Elizibeth.

If you are right. And I really hope you are. All the vets here should immeaditly seek attys under this system and provide to us veterans proof that attys are still abel to represent veterans at the VA level through third party hires.

I think as time goes on I will be proven right. When the VA stoped third party payees. There will be no attys representing veterans for pay through third party payees and no veterans will come forth with agreements to prove me wrong. I ask just for one exampel of that and I will be satisfyed your right.

Terry Higgins

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Okay, chill out and quit attacking each other.

As far as I know Elizibeth is correct and Terry says he has used this route. I had contacted 2 attorneys early in the claims proccess. they both told me someone other than a direct relative must hire them to represent me and I could not pay them back. This proccess was investigated at some point but the Law has not changed to my knowledge. Again, this is just from memory (as most posters on this subject are using their beliefs and not facts right now).

It seems someone should research this and post facts rather than feelings as the argueing over it without any knowledge is useless. I'll see what I can find.

Time

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Guest elizabeth
Okay, chill out and quit attacking each other.

As far as I know Elizibeth is correct and Terry says he has used this route. I had contacted 2 attorneys early in the claims proccess. they both told me someone other than a direct relative must hire them to represent me and I could not pay them back. This proccess was investigated at some point but the Law has not changed to my knowledge. Again, this is just from memory (as most posters on this subject are using their beliefs and not facts right now).

It seems someone should research this and post facts rather than feelings as the argueing over it without any knowledge is useless. I'll see what I can find.

Time

Twith legal help THEhere is no law to check out both attorneys are right. this is just a way of getting around va va states you must follow the rules WRONG we are not breaking any law by doing this VA would be shocked if everything used this .SO there is no law IT;s you way to apply you claim with legal help va can not stop this we are still a free country NO law can stop me on how i chose to spend my money I have the right to spend my money to help a veteran there is no law federal or state that states-HOW YOU MUST SPEND YOUR MONEY I don;t like your statment to chill out can you explaine that? IF you mean wings statment to me my lawyer states i can sue him for this statment mentel and impaired my lawyer has this message wings sent I hope i have giving you your answer elizabeth
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Guest elizabeth
Dear Elizibeth.

If you are right. And I really hope you are. All the vets here should immeaditly seek attys under this system and provide to us veterans proof that attys are still abel to represent veterans at the VA level through third party hires.

I think as time goes on I will be proven right. When the VA stoped third party payees. There will be no attys representing veterans for pay through third party payees and no veterans will come forth with agreements to prove me wrong. I ask just for one exampel of that and I will be satisfyed your right.

Terry Higgins

tterry i am right there is a lawyer in south caroline who works for only veterans he used to work for va he is not a member of the bar. I have a form fromr lenord has a web page off hand i don;t have it as i call him his nameis JOHN LENDOR 910-452-5544 i just got off the phone with him you can call him and ask for his web page veterans don;t know how lucky they have a va lawyer that;s on thrir side ELIZABETH
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Twith legal help THEhere is no law to check out both attorneys are right. this is just a way of getting around va va states you must follow the rules WRONG we are not breaking any law by doing this VA would be shocked if everything used this .SO there is no law IT;s you way to apply you claim with legal help va can not stop this we are still a free country NO law can stop me on how i chose to spend my money I have the right to spend my money to help a veteran there is no law federal or state that states-HOW YOU MUST SPEND YOUR MONEY I don;t like your statment to chill out can you explaine that? IF you mean wings statment to me my lawyer states i can sue him for this statment mentel and impaired my lawyer has this message wings sent I hope i have giving you your answer elizabeth

No, I didn't ask a question that needs answered. I stated that in order to continue this dialect that supporting documentation be used to verify the information. Here is an example of such.

http://www.hughcox.com/vcontract.htm

VETERAN BENEFITS LEGAL REPRESENTATION AGREEMENT

(Updated from previous contract dated: _________________ )

This contract and agreement for Veteran benefits legal services is entered into between the undersigned client _________________________________ on behalf of veteran: _________________________________, hereinafter referred as "Client", and Hugh D. Cox, Attorney at Law, 321 Evans Street, Suite 102, P. O. Box 154, Greenville, North Carolina 27835-0154, hereinafter referred to as "Attorney". Client and Attorney agree as follows:

1. Legal Services to be Provided: Client retains Attorney to represent Client before the Department of Veterans Affairs Regional Office and/or Board of Veterans' Appeals (BVA) and/or United States Court of Veterans Appeals (CVA) for award or increase of award of veteran benefits either by appeal, reconsideration or by renewed claim based on new and material evidence on the issues stated or inferred in that decision of denial or partial award described as follows:

Source of Decision:( )Regional Office; ( )BVA; ( )CVA

Date of Decision: _____________________________________

Purpose of Client for “C” File No.: ____________________________________________________

( )Renewed claim with new and material evidence (loss of past benefits) when new evidence received

( )Motion to reconsider by BVA ( )Appeal to CVA

Issues:

________________________________________________________________________________

_____________

________________________________________________________________________________

_____________

________________________________________________________________________________

_____________

________________________________________________________________________________

_____________

________________________________________________________________________________

_____________

Client seeks to secure all benefits reasonable stated or inferred in the decision identified above that the Client is entitled to receive as of the date of most recent DVA application. Client understands that pursuit of client's claim may involve motions or remands before the Department of Veterans Affairs (including Regional Office) and/or Board of Veterans' Appeals and/or United States Court of Veterans Appeals.

2. Contingency Fee Agreement:

(a) There shall be no attorney fees except those expenses set forth in paragraphs herein owed by Client to Attorney if there is no recovery of veteran benefits for Client by Attorney unless such Equal Access to Justice Act (EAJA) attorney fees are approved.

(:mellow: Client agrees to pay Attorney (1) a fee contingent upon the outcome of the claims of Client described in paragraph entitled, "Legal Services to be Provided". This contingency fee shall be TWENTY PERCENT (20%) of the gross amount of any past due DVA or VA benefits recovered for veterans and dependents/children whether by judgment, settlement or administrative action, and (2) if there is an award of attorney fees under the Equal Access to Justice Act (EAJA), Attorney shall be entitled to the greater of (1) or (2) in this paragraph above. Client agrees and acknowledges that Attorney fees sought shall be at a rate established by 28 U.S.C. 2412 and the current consumer price index if an EAJA award is pursued. EAJA attorney fees sought and recovered shall be applied to Client’s contingency fee owed to Attorney.

3. Client Directs DVA Withholding of Attorney fees or Agrees to pay Attorney Fees into Attorney Trust Account: Client directs that the DVA withhold 20% of past due benefits payable to veteran for attorney fees. Client acknowledges that Client is personally responsible for payment of 20% of past due benefits into Attorney’s trust account in the event the Secretary of the Department of Veterans Affairs (DVA) or any of his agencies or agents pays such attorney fees directly to Client. In such event of payment of attorney fees to Client, Client shall pay this amount of 20% of past due benefits into Attorney Trust Account within 5 days of receipt of any check containing attorney fees. Upon approval of attorney fees, Attorney will account to Client for Attorney Trust Account transactions. Should Attorney have to litigate to collect attorney fees, Client agrees that all legal State and federal remedies available to Attorney may be utilized. Client agrees to notify Attorney of any payment of new benefits for which Client was represented by Attorney within 5 days by providing a copy of such new benefits check.

4. Expenses Related to Representation: In addition to fees and retainers discussed above, Client agrees, regardless of recovery or no recovery, that Client is responsible for and will pay for all out-of-pocket expenses incurred by Attorney in connection with this agreement. Client agrees that these out of-pocket expenses may include, but are not limited to, court costs ($50.00 for CVA), photocopying at $.10 per copy, postage, long distance telephone and FAX, messenger and delivery services, retaining of medical and vocational experts and other reasonable expenses deemed necessary by Attorney related to Client's claim.

5. Billing for out-of-pocket Expenses: Client agrees to pay within three (3) days for all out-of-pocket expenses prior to Attorney advancing such money upon telephone or written notification of Client by Attorney. Client agrees to go to each of client's medical facilities to request medical records at the request of Attorney prior to Attorney requesting such medical records directly from medical facility. When impractical to give advanced notification of out-of-pocket expenses to Client, Attorney will bill Client for payment of out-of-pocket expenses. Client agrees to promptly pay for such out-of-pocket expenses within ten (10) days of receipt of the bill from Attorney. Attorney agrees to give advanced notification to client of all anticipated expenses in excess of $50.00 prior to Attorney advancing such sums.

6. Client's Information to Attorney and Cooperation with Attorney: Client agrees to sign any and all necessary forms in order for Attorney to obtain medical, official file and procedural information on this case. Client agrees to locate and contact witnesses and provide documents requested by Attorney. Client agrees to cooperate with Attorney by meeting with him when requested and to attend required hearings or examinations when scheduled. Client further agrees to keep Attorney advised of current address and telephone number as well as necessary information on someone else who can always contact client. Client agrees that Attorney may designate other persons for outside professional services, outside Research Assistants, and outside experts for portions of Client's case if, in the judgment of Attorney, that such services are in the best interest of Client and Attorney and that such services are not within the expertise and control of Attorney. Client and Attorney agree that the designation of any such professional services may require that Client be billed for additional out-of-pocket expenses under Paragraph 5. Attorney agrees to notify Client in advance of any expense exceeding fifty dollars ($50.00).

7. Client's Discharge of Attorney: Client may discharge Attorney upon written notice to Attorney except that if the Client discharges the Attorney without securing substitute counsel after the Attorney has entered an appearance in court, the court may require Attorney to continue to represent the Client until substitute counsel enters an appearance and Attorney's appearance in the proceeding is terminated by the court. If Client discharges Attorney without good and adequate cause after the Attorney has fully performed, substantially performed, or contributed in any way to the results finally obtained by the Client, the Client shall be liable for payment of the Attorney's fees and expenses per a quantum meruit amount of attorney fees based upon the time invested by Attorney in this matter at a rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour or upon other reasonable standard decided by the CVA, BVA, or DVA based upon applicable law if said amount of quantum meruit attorney fees exceed any fees paid as set forth in paragraph 2 above. Withdrawal by Client shall allow Attorney to elect the greater attorney fees under quantum meruit or under paragraph 2 above. as approved by the Court of Veterans Appeals or Department of Veterans Affairs.

8. The Attorney's Withdrawal From Agreement and Right Not to Pursue Appeal: The Attorney does not anticipate any problems that would require withdrawal from this Agreement, and the Attorney intends to pursue Client's matter to the best of his ability. If, however, circumstances arise such as Client's claim not being allowed under the Veterans Judicial Review Act (VJRA) which would disallow attorney fees or reasons that necessitate withdrawal in accordance with the Code of Professional Responsibility, the Attorney will (a) notify the Client in writing of the withdrawal from this Agreement, and (B) take reasonable steps to avoid foreseeable prejudice to the rights of the Client. Client agrees that Attorney shall not be required to pursue a further appeal after the first level of decision of this case if, in the opinion of Attorney, such appeal is not in the best interest of Attorney or Client. Withdrawal by Attorney at Attorney's sole election shall entitle Client to have his fees under paragraph 2 above returned to Client, but withdrawal by attorney because of actions by Client (such as misinformation or non-cooperation) shall not entitle Client to return of fees described in paragraph 2 above.

9. Settlement Offers: The Attorney will advise the Client of all settlement offers and no dismissal or settlement of any claim or claims will be made without the consent of the Client.

10. DVA is Not Authorized to Contact Client Directly: Under no circumstances shall the DVA be authorized to contact the Client directly with respect to attorney's fees in general, or about this fee agreement in particular. Client requests that any correspondence directed to the Client shall also be addressed to and received by the Attorney.

11. Complete Integration, Binding Upon All Parties: This Agreement of Two pages contains the entire agreement between the Client and the Attorney regarding this matter and the payment of fees and expenses. This Agreement shall not be modified except by written agreement signed by the Client and the Attorney. This Agreement shall be binding upon the Client and the Attorney and their respective heirs, executors, legal representatives, and successors.

12. No Promises or Guarantees About Outcome: The Client has read and understands this contract and agrees that the Attorney has made no promises or guarantees regarding the outcome of this matter.

13. Revocation of Prior Powers of Attorney: Client intends that this contract shall revoke all prior Powers of Attorney for representation which may have been filed with the Department of Veterans Affairs by any other attorney or veterans service organization or other veteran representative.

14. Interpretation of Agreement: The Client and the Attorney understand that the U.S. Court of Veterans Appeals or Board of Veterans' Appeals is vested with the authority to determine the reasonableness of this fee Agreement. Further, the Client and the Attorney agree that in the event that there is a disagreement about the meaning of any term of this Agreement, the Veterans Judicial Review Act or the laws of the State of North Carolina shall govern the interpretation of this Agreement. The Client further agrees that, if there is recourse to the judicial process to resolve a dispute about this Agreement, he will submit to the jurisdiction of the appropriate courts and will permit the dispute to be adjudicated by said courts.

15. Commencement of Representation: Actual work on behalf of Client by Attorney under this Agreement will not commence until the Attorney receives a copy of this Agreement signed by the Client. The effective date of this Agreement to represent shall be the date on which the Attorney signs this Agreement. Attorney and Client agree that this Contract will be filed with the DVA, BVA and CVA as appropriate. An original contract will be forwarded to Client by Attorney.

16. Mutual Agreement: We agree that the above agreement and contract of THREE pages represents our complete mutual agreement.

_____________________________________________ __________________________

Client Date

_____________________________________________ __________________________

Hugh D. Cox Date

v_contract update lien mar2000.doc . March 10, 2000

This would be a beginning to the research as you can see by the date it is old.

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Here is the info needed. Now we know where to look for the current Law.

[Code of Federal Regulations]

[Title 38, Volume 2]

[Revised as of July 1, 2003]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR20.609]

[Page 85-88]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents

Subpart G--Representation

Sec. 20.609 Rule 609. Payment of representative's fees in proceedings

before Department of Veterans Affairs field personnel and before the Board

of Veterans'

Appeals.

(a) Applicability of rule. The provisions of this section apply to

the services of representatives with respect to benefits under laws

administered by the Department of Veterans Affairs in all proceedings

before Department of Veterans Affairs field personnel or before the

Board of Veterans' Appeals regardless of whether an appeal has been

initiated.

(:mellow: Who may charge fees for representation. Only agents and

attorneys-at-law may receive fees from claimants or appellants for their

services. Recognized organizations (including their accredited

representatives when acting as such) and individuals recognized pursuant

to Rule 605 (Sec. 20.605 of this part) are not permitted to receive

fees. An attorney-at-law or agent who may also be an accredited

representative of a recognized organization may not receive such fees

unless he or she has been properly designated as representative in

accordance with Rule 603(a) or Rule 604(a) (Sec. 20.603(a) or

Sec. 20.604(a) of this part) in his or her individual capacity.

© Circumstances under which fees may be charged. (1) General.

Except as noted in paragraph (d) of this section, attorneys-at-law and

agents may charge claimants or appellants for their services only if

both of the following conditions have been met:

(i) A final decision has been promulgated by the Board of Veterans'

Appeals with respect to the issue, or issues, involved; and

(ii) The attorney-at-law or agent was retained not later than one

year following the date that the decision by the Board of Veterans'

Appeals with respect to the issue, or issues, involved was promulgated.

(This condition will be considered to have been met with respect to all

successor attorneys-at-law or agents acting in the continuous

prosecution of the same matter if a predecessor was retained within the

required time period.)

(2) Clear and unmistakable error cases. For the purposes of this

section, in the case of a motion under subpart O of this part (relating

to requests for revision of prior Board decisions on the grounds of

clear and unmistakable error), the ``issue'' referred to in this

paragraph © shall have the same meaning as ``issue'' in Rule 1401(a)

(Sec. 20.1401(a) of this part).

(d) Exceptions--(1) Chapter 37 loans. With respect to services of

agents and attorneys provided after October 9, 1992, a reasonable fee

may be charged or paid in connection with any proceeding in a case

arising out of a loan made, guaranteed, or insured under chapter 37,

United States Code, even though the conditions set forth in paragraph

© of this section are not met.

(2) Payment of fee by disinterested third party. (i) An attorney-at-

law or agent may receive a fee or salary from an organization,

governmental entity, or other disinterested third party for

representation of a claimant or appellant even though the conditions set

forth in paragraph © of this section have not been met. In no such

case may the attorney or agent charge a fee which is contingent, in

whole or in part, on whether the matter is resolved in a manner

favorable to the claimant or appellant.

(ii) For purposes of this part, a person shall be presumed not to be

disinterested if that person is the spouse, child, or parent of the

claimant or appellant, or if that person resides with the claimant or

appellant. This presumption may be rebutted by clear and convincing

evidence that the person in

[[Page 86]]

question has no financial interest in the success of the claim.

(iii) The provisions of paragraph (g) of this section (relating to

fee agreements) shall apply to all payments or agreements to pay

involving disinterested third parties. In addition, the agreement shall

include or be accompanied by the following statement, signed by the

attorney or agent: ``I certify that no agreement, oral or otherwise,

exists under which the claimant or appellant will provide anything of

value to the third-party payer in this case in return for payment of my

fee or salary, including, but not limited to, reimbursement of any fees

paid.''.

(e) Fees permitted. Fees permitted for services of an attorney-at-

law or agent admitted to practice before the Department of Veterans

Affairs must be reasonable. They may be based on a fixed fee, hourly

rate, a percentage of benefits recovered, or a combination of such

bases. Factors considered in determining whether fees are reasonable

include:

(1) The extent and type of services the representative performed;

(2) The complexity of the case;

(3) The level of skill and competence required of the representative

in giving the services;

(4) The amount of time the representative spent on the case;

(5) The results the representative achieved, including the amount of

any benefits recovered;

(6) The level of review to which the claim was taken and the level

of the review at which the representative was retained;

(7) Rates charged by other representatives for similar services; and

(8) Whether, and to what extent, the payment of fees is contingent

upon the results achieved.

(f) Presumption of reasonableness. Fees which total no more than 20

percent of any past-due benefits awarded, as defined in Rule 20.3(n)

(Sec. 20.3(n) of this part), will be presumed to be reasonable.

(g) Fee agreements. All agreements for the payment of fees for

services of attorneys-at-law and agents (including agreements involving

fees or salary paid by an organization, governmental entity or other

disinterested third party) must be in writing and signed by both the

claimant or appellant and the attorney-at-law or agent. The agreement

must include the name of the veteran, the name of the claimant or

appellant if other than the veteran, the name of each disinterested

third-party payer (see paragraph (d)(2) of this section), the applicable

Department of Veterans Affairs file number, and the specific terms under

which the amount to be paid for the services of the attorney-at-law or

agent will be determined. A copy of the agreement must be filed with the

Board of Veterans' Appeals within 30 days of its execution by mailing

the copy to the following address: Office of the Senior Deputy Vice

Chairman (012), Board of Veterans' Appeals, 810 Vermont Avenue, NW,

Washington, DC 20420.

(h) Payment of fees by Department of Veterans Affairs directly to an

attorney-at-law from past-due benefits. (1) Subject to the requirements

of the other paragraphs of this section, including paragraphs © and

(e), the claimant or appellant and an attorney-at-law may enter into a

fee agreement providing that payment for the services of the attorney-

at-law will be made directly to the attorney-at-law by the Department of

Veterans Affairs out of any past-due benefits awarded as a result of a

successful appeal to the Board of Veterans' Appeals or an appellate

court or as a result of a reopened claim before the Department following

a prior denial of such benefits by the Board of Veterans' Appeals or an

appellate court. Such an agreement will be honored by the Department

only if the following conditions are met:

(i) The total fee payable (excluding expenses) does not exceed 20

percent of the total amount of the past-due benefits awarded,

(ii) The amount of the fee is contingent on whether or not the claim

is resolved in a manner favorable to the claimant or appellant, and

(iii) The award of past-due benefits results in a cash payment to a

claimant or an appellant from which the fee may be deducted. (An award

of past-due benefits will not always result in a cash payment to a

claimant or an appellant. For example, no cash payment will be made to

military retirees unless

[[Page 87]]

there is a corresponding waiver of retirement pay. (See 38 U.S.C.

5304(a) and Sec. 3.750 et seq. of this chapter.))

(2) For purposes of this paragraph, a claim will be considered to

have been resolved in a manner favorable to the claimant or appellant if

all or any part of the relief sought is granted.

(3) For purposes of this paragraph, ``past-due benefits'' means a

nonrecurring payment resulting from a benefit, or benefits, granted on

appeal or awarded on the basis of a claim reopened after a denial by the

Board of Veterans' Appeals or the lump sum payment which represents the

total amount of recurring cash payments which accrued between the

effective date of the award, as determined by applicable laws and

regulations, and the date of the grant of the benefit by the agency of

original jurisdiction, the Board of Veterans' Appeals, or an appellate

court.

(i) When the benefit granted on appeal, or as the result of the

reopened claim, is service connection for a disability, the ``past-due

benefits'' will be based on the initial disability rating assigned by

the agency of original jurisdiction following the award of service

connection. The sum will equal the payments accruing from the effective

date of the award to the date of the initial disability rating decision.

If an increased evaluation is subsequently granted as the result of an

appeal of the disability evaluation initially assigned by the agency of

original jurisdiction, and if the attorney-at-law represents the

claimant or appellant in that phase of the claim, the attorney-at-law

will be paid a supplemental payment based upon the increase granted on

appeal, to the extent that the increased amount of disability is found

to have existed between the initial effective date of the award

following the grant of service connection and the date of the rating

action implementing the appellate decision granting the increase.

(ii) Unless otherwise provided in the fee agreement between the

claimant or appellant and the attorney-at-law, the attorney-at-law's

fees will be determined on the basis of the total amount of the past-due

benefits even though a portion of those benefits may have been

apportioned to the claimant's or appellant's dependents.

(iii) If an award is made as the result of favorable action with

respect to several issues, the past-due benefits will be calculated only

on the basis of that portion of the award which results from action

taken on issues concerning which the criteria in paragraph © of this

section have been met.

(4) In addition to filing a copy of the fee agreement with the Board

of Veterans' Appeals as required by paragraph (g) of this section, the

attorney-at-law must notify the agency of original jurisdiction within

30 days of the date of execution of the agreement of the existence of an

agreement providing for the direct payment of fees out of any benefits

subsequently determined to be past due and provide that agency with a

copy of the fee agreement.

(i) Motion for review of fee agreement. The Board of Veterans'

Appeals may review a fee agreement between a claimant or appellant and

an attorney-at-law or agent upon its own motion or upon the motion of

any party to the agreement and may order a reduction in the fee called

for in the agreement if it finds that the fee is excessive or

unreasonable in light of the standards set forth in paragraph (e) of

this section. Such motions must be in writing and must include the name

of the veteran, the name of the claimant or appellant if other than the

veteran, and the applicable Department of Veterans Affairs file number.

Such motions must set forth the reason, or reasons, why the fee called

for in the agreement is excessive or unreasonable; must be accompanied

by all evidence the moving party desires to submit; and must include a

signed statement certifying that a copy of the motion and any evidence

was sent by first-class mail, postage prepaid, to each other party to

the agreement, setting forth the address to which each such copy was

mailed. Such motions (other than motions by the Board) must be filed at

the following address: Office of the Senior Deputy Vice Chairman (012),

Board of Veterans' Appeals, 810 Vermont Avenue, NW, Washington, DC

20420. The other parties may file a response to the

[[Page 88]]

motion, with any accompanying evidence, with the Board at the same

address not later than 30 days following the date of receipt of the copy

of the motion and must include a signed statement certifying that a copy

of the response and any evidence was sent by first-class mail, postage

prepaid, to each other party to the agreement, setting forth the address

to which each such copy was mailed. Once there has been a ruling on the

motion, an order shall issue which will constitute the final decision of

the Board with respect to the motion. If a reduction in the fee is

ordered, the attorney or agent must credit the account of the claimant

or appellant with the amount of the reduction and refund any excess

payment on account to the claimant or appellant not later than the

expiration of the time within which the ruling may be appealed to the

United States Court of Appeals for Veterans Claims.

(j) In addition to whatever other penalties may be prescribed by law

or regulation, failure to comply with the requirements of this section

may result in proceedings under Sec. 14.633 of this chapter to terminate

the attorney's or agent's right to practice before the Department of

Veterans Affairs and the Board of Veterans' Appeals.

(Authority: 38 U.S.C. 5902, 5904, 5905)

(Approved by the Office of Management and Budget under control number

2900-0085)

[57 FR 4109, Feb. 3, 1992, as amended at 57 FR 38443, Aug. 25, 1992; 59

FR 25330, May 16, 1994; 64 FR 2138, Jan. 13, 1999; 65 FR 14472, Mar. 17,

2000; 67 FR 36104, May 23, 2002; 67 FR 49600, July 31, 2002]

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          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
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