Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

TANKERJOE0

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

Recommended Posts

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

Share this post


Link to post
Share on other sites

Ad

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines