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Legal Fees Against The Va

JR Reihs

Asked by JR Reihs,

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Berta Grand Master

Berta 4,215

Posted
Posted

Not same but I have a vet- after 12 years he got a rating-and -$ 32,000- retro which we immediately filed NOD on -they owe him plenty more-they forgot 60% more and SMC.

however he went to CAVC pro se (by himself) and lost and then went back to RO, BVA, then CAVC again and won via BVA remand as the CAVC remanded to the BVA.

The second CAVC docket had him

represented by 2 attorneys.

I helped him late in the game-I found the evidence in his SMRs.

The VA wants to pay his lawyers 8,000 bucks and with VA case law I filed NOD and hope he might only have to pay 4,000 or less.

This is a good case-glad you found it-there are probably more like it-

Any legal fee has potential to be questioned but most of them are probably correct.

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Guest DON20906

Guest DON20906

Posted
Posted

When an attorney sues the government for free (pro bono) on behalf of an individual or class and wins, the lawyer may be reimbursed by the government for "reasonable" fees and costs under EAJA. The law is intended to help people who could otherwise not afford to sue the government. A good example in veterans law is Nehmer v. VA where National Veterans Legal Services Program sued the government in the 9th District of California to allow veterans who had filed Agent Orange claims before the presumptions were enacted to have their cases reopened and assigned effective dates of the original claims. Veterans had been paid millions in retro and NVLSP itself was awarded (i heard) about a million in EAJA fees.

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Guest DON20906

Guest DON20906

Posted
Posted

Berta, I confused. Why would the veteran object to his lawyer being paid $8K instead of 4? If the guy won, he should be glad to see his lawyer recover some of his costs. Even if the veteran paid the lawyer fees, it should be no sweat off his back.

When an attorney sues the government for free (pro bono) on behalf of an individual or class and wins, the lawyer may be reimbursed by the government for "reasonable" fees and costs under EAJA. The law is intended to help people who could otherwise not afford to sue the government. A good example in veterans law is Nehmer v. VA where National Veterans Legal Services Program sued the government in the 9th District of California to allow veterans who had filed Agent Orange claims before the presumptions were enacted to have their cases reopened and assigned effective dates of the original claims. Veterans had been paid millions in retro and NVLSP itself was awarded (i heard) about a million in EAJA fees.
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Berta Grand Master

Berta 4,215

Posted
Posted (edited)

The veteran was pro se at CAVC years before obtaining a lawyer .He had 2 separate CAVC cases.

The VA wanted to pay his lawyer for both CAVC cases- yet he did not even know these lawyers then. I used his Docket sheet for the first CAVC case as evidence to prove this.

Lawyers have to fulfill a very specific criteria for payment of VA fees. His lawyers did not fulfill the criteria.

In over 12 years no one could find his service nexus.The limited work the lawyers did was meaningless to his claim.

I found it-the nexus- in minutes- it was in his BVA decision in the first paragraph.One word no one in 12 years had attempted to look up in a medical dictionary.

He got 2 IMos to support this nexus and he finally won-

40% but we Nodded it immediatley-they owe him much much more money.

It is odd that you mentioned this- my time has become minimal here- but I caught your post . I have additional claims work to do for this vet this week-in the 12 years he waited for the 40% his SC condition is now in a high SMC range and I want him to get what he deserves in comp.

Edited by Berta
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gdsnide Experienced

gdsnide 0

Posted
Posted
The veteran was pro se at CAVC years before obtaining a lawyer .He had 2 separate CAVC cases.

The VA wanted to pay his lawyer for both CAVC cases- yet he did not even know these lawyers then. I used his Docket sheet for the first CAVC case as evidence to prove this.

Lawyers have to fulfill a very specific criteria for payment of VA fees. His lawyers did not fulfill the criteria.

In over 12 years no one could find his service nexus.The limited work the lawyers did was meaningless to his claim.

I found it-the nexus- in minutes- it was in his BVA decision in the first paragraph.One word no one in 12 years had attempted to look up in a medical dictionary.

He got 2 IMos to support this nexus and he finally won-

40% but we Nodded it immediatley-they owe him much much more money.

It is odd that you mentioned this- my time has become minimal here- but I caught your post . I have additional claims work to do for this vet this week-in the 12 years he waited for the 40% his SC condition is now in a high SMC range and I want him to get what he deserves in comp.

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gdsnide Experienced

gdsnide 0

Posted
Posted
The veteran was pro se at CAVC years before obtaining a lawyer .He had 2 separate CAVC cases.

The VA wanted to pay his lawyer for both CAVC cases- yet he did not even know these lawyers then. I used his Docket sheet for the first CAVC case as evidence to prove this.

Lawyers have to fulfill a very specific criteria for payment of VA fees. His lawyers did not fulfill the criteria.

In over 12 years no one could find his service nexus.The limited work the lawyers did was meaningless to his claim.

I found it-the nexus- in minutes- it was in his BVA decision in the first paragraph.One word no one in 12 years had attempted to look up in a medical dictionary.

He got 2 IMos to support this nexus and he finally won-

40% but we Nodded it immediatley-they owe him much much more money.

Brenda,

This is Gary again & I need some help.

I want to apply for A & A for myself & my wife & was reading on one site where there are agencies that will do all this for U for a fee.

It looks rather complicated to me & I'd probably just mess it up.

Would ask Clark but can't contact him as I suppose Lawyers do this sort of thing.

Any help,as always sincerly appreciated.

GARY gdsnide@hotmail.com

It is odd that you mentioned this- my time has become minimal here- but I caught your post . I have additional claims work to do for this vet this week-in the 12 years he waited for the 40% his SC condition is now in a high SMC range and I want him to get what he deserves in comp.

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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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