HadIt.com Elder JR Reihs Posted September 13, 2006 HadIt.com Elder Share Posted September 13, 2006 EAJA_Veterans_Claim.pdf I have never seen this type of award before, has anyone else? Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive. Link to comment Share on other sites More sharing options...
Berta Posted September 13, 2006 Share Posted September 13, 2006 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. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Guest DON20906 Posted September 21, 2006 Share Posted September 21, 2006 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. Link to comment Share on other sites More sharing options...
Guest DON20906 Posted September 21, 2006 Share Posted September 21, 2006 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. Link to comment Share on other sites More sharing options...
Berta Posted September 21, 2006 Share Posted September 21, 2006 (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 September 21, 2006 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
gdsnide Posted September 22, 2006 Share Posted September 22, 2006 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. gdsnide Link to comment Share on other sites More sharing options...
gdsnide Posted September 22, 2006 Share Posted September 22, 2006 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. gdsnide Link to comment Share on other sites More sharing options...
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JR Reihs
Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.
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