Cavc Joint Motion To Stay

[RUREADY]

this is what I see on CAVC web site I never been this far in claims so what does this

mean? Pursuant to U.S. Vet.App. Rule 5(a)(3), the parties respectfully move
this Court for a stay of proceedings in the instant case in the interest of
judicial efficiency. The parties are in the process of discussing a potential
joint resolution of the case, and additional time is required to explore this
matter. Accordingly, the parties respectfully request a stay of 60 days,
from April 6, 2015, to June 5, 2015

Don't sound good remand, denie, hamster wheel or what to expect from

this if anything.

Edited April 13, 2015 by RUREADY

[Gastone]

OK it's not at the BVA. If it's at CAVC isn't your Attorney eligible for VA Paid Legal fees. As with everything posted on Hadit, it comes down to helping other Vets that might be in our same or worse situation. Your stated legal fee arangment specified 30%, I believe you. I was just wondering why 30 and not what seems to be the past 4 year norm of 20%. Any discussion in the Attorney contract regarding waiving all or a portion of the fee if Awarded at CAVC and your attorney is in line for substantial Legal Fee reimbursement?

What is your lawyers explanation of the "Possible Joint Resolution?" Is this above and beyond your previously referenced Retro award?

Semper Fi

Gastone

[RUREADY]

most people don't believe me and its my first rodeo ride at Cavc so I'm

in the learning process that's why I had to get an attorney even after

two turn me down one stayed with me on this he paid for my IMO's took care

of everything so far I spent -0-dollars and the appeal is about 4.16(b)

If you go before Bob lawyers u need to take all you got & all that's needed to this gun fight

because it ant easy.jmho

Edited April 15, 2015 by RUREADY

[RUREADY]

If it's at CAVC isn't your Attorney eligible for VA Paid Legal fees. yes

for a remand because the vet has not won anything from a remand

only attorney fees are paid is my understanding and I owe nothing because

what I won?

[Gastone]

It's all good. I posted before that I checked with 3 different VA appeals lawyers back in late 2013. MY DRO Hearing had been requested 09/11. Now I was quoted 20% plus costs, but opted to go the DRO without an attorney. All major $$ issues awarded 06/7/14 including IU.

In mid 14 I did advise a Nam Vet Friend to get a couple Lawyer Free Consults for his DRO Hearing. He wasn't too keen on hiring an attorney until we discussed the facts of life. Did he really want to take a chance on fracking up the DRO Hearing and then have to wait another yr or 2+ for a BVA shot? My rational to him was better to get off the 20% retro and win now (68yrs old) than having to wait for a win in his mid 70's. Young bucks got all the time in the world, we Old Dogs are getting short. Definitely better to spend 20% and get your Retro while you can still enjoy it.

My interest in your 30% fee is strictly for the benefit of other vets. They hopefully learn from our errors and success's. Were you aware of the "normal" 20% Fee or was this the only lawyer you talked to and he went right to the 30% fee from jump?

Semper Fi

Gastone

[RUREADY]

he asked for 30 from the start and I agreed but it is better than a third

not saying everyone will be charge 30% but it was worth it to me.

Some attorney you can work a deal out that might be better or 20%

I guess it how complicated the case may be or the money involve.

Maybe I will get a call from her today explaining things.

[Berta]

15-0438 CAVC

You have a Very good attorney in my opinion.

The Stay order doesn't say much but here is the BVA decision and I hope others will chime in on this:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01203215622&caseId=84264&dktType=dktPublic

It certainly shows that RUREADY has had continuous , and successful battles with the VA.


In the present case, he wants an EED beyond the EED they gave him for TDIU.

I am still wondering if they should have considered him for extraschedular consideration but his lawyer would have raised that point if he should have been.
We discussed that here:


Did you or your attorney ever find what evidence they mean here:
" Although some evidence supports


your claim, we found other medical evidence more persuasive because it is supported by an accurate


account of the medical history and /or it is most detailed and reliable depiction of your medical


condition.) My question is what or where can I see or read this evidence they are speaking of??"



This is a MAJOR point here:


"SSDI says my back alone made me disable va says its only 40% disable making"



What is the date of this SSDI award RUREADY and does the lawyer have proof that you advised VA of this award?

I didnt see it mentioned at all in the BVA decision.

I am glad you have pursued this and if anyone thinks the VA will NOT try to snooker us out of comp, they should read the BVA decision, because RUREADY never Gives UP!

Edited April 15, 2015 by Berta