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TANKERJOE0

Lawyer Has Agreed To Represent Me At Bva ? About % Of Retro Being Charged

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So excited the first of several lawyer's I contacted agreed to take my case but says he charges 30% of retro?

This amount seems high to me?

I thought 20% was the max rate?

Decisions decisions decisions?

  • Like 1

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I think 20% is but I can't say positively, as I haven't kept up on that, since it doesn't affect me.

pr

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I believe it is 20%, but if you sign an agreement you may have to fight to get out of it once you get the money. I might look for another lawyer before this guy goes to far. My lawyer is representing me for 20% of retro. That would be retro from 1971 to 2001, so that is a big piece of change, but I have no chance without a lawyer.

John

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It's actually 20% plus "reasonable expenses" whatever that means.

Most lawyers don't want to mess with the record keeping needed for the reasonable expense documentation.

Just because the VA payment to the lawyer is limited to 20% (of your retro) does not actually prevent the lawyer

from trying to charge more. I'd also verify that the lawyer is on the VA's current "approved" list.

There also is a possibility that the lawyer might collect something under the EAJA.

Edited by Chuck75

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Right.

Here is the actual regulation:

http://www.law.cornell.edu/cfr/text/38/14.636

It contains the criteria for anyone charging for representation before the VA and explains how right Chuck is as to additional expenses.

Have you searched under this lawyer's name at the BVA and at the CAVC to see what he/she has won?

Also a lawyer fee can be appealed under some circumstances.

There are 5 conditions that must be met by the lawyer .I handled an appeal like that years ago for a vet. .Dont know the results.

I dont even know if the vet sent the appeal I prepared for him , to the VA.

He was so happy with a low ball award after about 10 years, (which did generate a lot of retro thus the 8 thousand lawyer fee) that he didnt seem to have the energy to even question the low rating.

I had evidence that the lawyer did not meet the five conditions at all. They wanted 8 thousand bucks and didnt even find the veterans nexus in his SMRs. I did. I gave the VA a 'buddy statement ' on that as I had another witness too, his lazy assed Vet rep. I found the vet's BVA case and the nexus IN IT ,minutes before they arrived at my home for my help.The lawyer even wanted a fee for a prior CAVC case the veteran did all by himself years ago and he lost.

When attorney fees are appealed to the VA , VA holds back the fee amount until they decide the appeal.

Edited by Berta

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