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Question On Eaja Fees?

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broncovet

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Does anyone know if EAJA applies ONLY with a remand or would it include a win for the VET?

Obviously, if a Veteran is considering appealing, then knowing whether he could get attorney fees paid by EAJA is a big deal. Carrie Weletz at Bergman and Moore talked about EAJA in a May 2 podcast, but another source indicated that the VA only pays EAJA in the case of a remand, because when the VET is awarded a "win" and he is represented by an attorney, the Vet has to pay attorney fees.

It would be awesome if Carrie or another law firm would respond. Or, if you are a Vet and got your win and had the EAJA pay the fees, then that would be valuable information. Thanks.

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I think Basser is right..the Attorney cant collect both. Remember the VA (usually the courts) have to approve the attorney fees as "reasonable".

I dont think they think it is reasonable for the attorney to collect money from the EAJA AND to collect another 20 grand from the VEteran. If EAJA paid 4,000 then I think in this example the Vet may have to pay 16,000 if there was 100k retro.

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