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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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I got the paperwork today on the VA's decision on my SMC "S". They called it a CUE. I guess it was a CUE since they should have granted the SMC when they became aware that I was IU plus 60%. I did not claim it as a CUE. They sent a copy to my lawyer who is doing my CUE going back to 1971. I think he might get mad that I cut him out of this, but it was my money and I did not need him since this was not an issue we were dealing with at the time I hired him. Get the CUE claims out since every IU vet plus 60% has a claim. You know before this I had IU plus 5 ten percent ratings. It was not until I got 60% for the heart that I got the SMC eligibilty according to the VA. I am way over IU plus 60%. Do you think my lawyer has legitimate gripe? He is taking my first CUE to court.

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I wouldn't be surprised if he wants and receives a portion of this current award. He's your atty of record and should be entitled to a portion, if this claim was filed after he became your atty, unless you have an agreement that is specific to your other claim. jmo

pr

I got the paperwork today on the VA's decision on my SMC "S". They called it a CUE. I guess it was a CUE since they should have granted the SMC when they became aware that I was IU plus 60%. I did not claim it as a CUE. They sent a copy to my lawyer who is doing my CUE going back to 1971. I think he might get mad that I cut him out of this, but it was my money and I did not need him since this was not an issue we were dealing with at the time I hired him. Get the CUE claims out since every IU vet plus 60% has a claim. You know before this I had IU plus 5 ten percent ratings. It was not until I got 60% for the heart that I got the SMC eligibilty according to the VA. I am way over IU plus 60%. Do you think my lawyer has legitimate gripe? He is taking my first CUE to court.

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He had an opportunity to represent me on the condition that resulted in the "S" award, but all he wanted to represent me on was the CUE claim that involved my original rating in 1973. This is the claim that involves the real payoff and the only one I have ever discussed with him. He has represented me on this 1973 CUE since 2008. If he makes a fuss I would probably pay him something since he has worked for me. I got all the "S" money since I filed for it and provided the Fast Letter dealing with Bradley v Peake. He does not even know what that is I am sure. I suppose I should have let him file the "S" for me but it was so clear and so easy for me to do it. I never considered my lawyer in this, but he may say something to me.

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john, I know it was easy and you did it yourself and that morally he shouldn't get anything for it but most lawyers would want something. I'm sure he got a copy of the award letter, as the atty of record. If he bills you I'd pay it. On the other hand, since he'll be paid, by the EAJA, if he loses, he may not bill you, because that might compromise that payment. Just me thinking outloud!

pr

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John - I almost hired Karl (long story)for my SMC CUE claim and decided not to.

He switched me over to his wife -who is very very good in my opinion-they both are- but then they sent me a fee agreement and told me to sign it but leave the dates blank.

They were very interested in my AO pending claim but the NOD had been filed prior to the lawyer for vets regs.It had nothing to do with the SMC accrued CUE claim.

I was not going to share a dime of that AO claim with anyone.

So I had my agreement clarified and specified to solely involve the SMC issue.

But they still asked me to sign an agreement without dating it.

I changed my mind on hiring them.There is more to this not needed to put here- Again I stress that these are very competent lawyers-bt I would not sign an undated agreement and cannot understand why they would even ask me to.

They certainly seem to understand CUE but I would never sign an agreement about anything without a date to my signature.

I would check the agreement you signed with them.

Your SMC claim did not even require a NOD filed on any denial and the lawyer for vets regs require that a NOD be filed after June 20, 2007 so I dont think Karl would be legally able to bill you for your SMC award.

BTW= legal fees charged to a vet , that are part of a VA decision, can be appealed. There is a five point criteria from the VA as to properly charged legal fees.

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