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

[RUREADY]

Bertha they have no such evidence the only evidence they have is

treatment records for back pain for 11 years and 9 years of narcotics.

SSDI award they had this since 2006 but wasn't consider until 2010 was

when I seen it listed in a decision as evidence.

I am still wondering if they should have considered him for extraschedular consideration????

this is the argument why they wont send it for extra-scheduler I been asking since 2004

The RO refuse to do this and BVA also.

Attorney call and explain it a little better, CAVC agreed with her arguments and a remand is in order

BVA has to make a new decision on the claim then RO will process the decision when made.

So there might be hope after all

[RUREADY]

Finally got the remand from CAVC saying the Board erred by not

considerating 4.16(b) for an EED. I guess its still work to do, hell I might not ever

get finish with this but I don't have to go it alone attorney said she got this But I just don't know.

[RUREADY]

I ant no expert but I got out in 1979 and I file claim in

2004, 25 years later and won from a foot doctor opinion connecting

feet cause back pain simple. Thing is I filed this same claim in 79 never

yet adjudicated just sitting in records, hey I know that will take another 20 years to win.

You win benefits than you have to fight the rest of your life for the effective date to get

corrected. If I win this one they can keep the damn rest. Tired now but you Keep fighting there is a way

Edited July 16, 2015 by RUREADY

[broncovet]

4.16 (b) is "Extra scheduler consideration" for IU.

If its a JMR, this sounds like you will go back to VARO for extra scheduler consideration of IU..you wont get retro at least not yet/until/unless VACO/VARO awards you IU under 4.16 b.

When/if you do get retro, remember:

1.All attorney fees will have to be approved by the court. Usually, they ask the attorney to submit "billable hours" and they give the attorney an hourly rate based mostly on location, since attorneys in different areas get paid more or less.

2. If there are any EAJA fees awarded, then those fees paid by VA will be deducted from the amount the attorney gets.

Example: You are awarded 100k retro. EAJA fees paid 20,000. The amount deducted from your retro will be 10,000, the difference between 30,000 (30% of 100k), and the 20,000 already paid by EAJA. Also, the attorney will only get 10,000 if he submits a bill to the court justifying 30,000 retro in hours of attorney fees.

3. There are 2 ways to do this. Some get 20% plus up to 10 percent in expenses, for a total of 30 percent. The attorney is likely going to have to show receipts for all his expenses. (copies, mailing, cost of IMO's, etc). I don't think 20 plus 10 for expenses, will be any different than 30% including expenses in the end. In both cases, the attorney has to bill the court for hours and expenses, and it should all come out in the wash.

4. 30 percent is the maximum, not necessarily how much your attorney will get. As I explained above, the attorney will have to justify to the court his hours and expenses, and if he cant do this, he will only get paid for the hours/expenses he can justify. The CAVC/EAJA is very familiar with hours/expenses, and they don't let attorneys get away with overcharging on fees/expenses to VEts.

Edited July 16, 2015 by broncovet

[broncovet]

I forgot to mention this:

In my JMR, I was asked to sign off, that is, I had to agree to the JMR. I did not have to do so. Before you sign off on the JMR, you can ask your attorney to ask that his fees be paid by EAJA. I would do just that. Those fees paid by EAJA will be money in your pocket when you get your retro, as all those will be deducted from the 30 percent maximum.

Remember, a JMR is an agreement between the parties. YOu do not have to sign/agree. If you don't agree, the case continues and the judge decides. The judge could decide MORE in your favor than the JMR, less, or the same. Unfortunately, you wont know, because if you agree to the JMR, and "settle" its done, and does not go to the court.

Read the JMR agreement carefully, before you decide. You have a right to negotiate terms of the remand. Consider your attorney's advice, but I wish I would have declined my JMR. Alex (Ask nod) knows a lot about JMR's.

Edited July 16, 2015 by broncovet

[RUREADY]

4.16 (b) is "Extra scheduler consideration" for IU.

If its a JMR, this sounds like you will go back to VARO for extra scheduler consideration of IU..you wont get retro at least not yet/until/unless VACO/VARO awards you IU under 4.16 b.

When/if you do get retro, remember:

1.All attorney fees will have to be approved by the court. Usually, they ask the attorney to submit "billable hours" and they give the attorney an hourly rate based mostly on location, since attorneys in different areas get paid more or less.

2. If there are any EAJA fees awarded, then those fees paid by VA will be deducted from the amount the attorney gets.

Example: You are awarded 100k retro. EAJA fees paid 20,000. The amount deducted from your retro will be 10,000, the difference between 30,000 (30% of 100k), and the 20,000 already paid by EAJA. Also, the attorney will only get 10,000 if he submits a bill to the court justifying 30,000 retro in hours of attorney fees.

3. There are 2 ways to do this. Some get 20% plus up to 10 percent in expenses, for a total of 30 percent. The attorney is likely going to have to show receipts for all his expenses. (copies, mailing, cost of IMO's, etc). I don't think 20 plus 10 for expenses, will be any different than 30% including expenses in the end. In both cases, the attorney has to bill the court for hours and expenses, and it should all come out in the wash.

4. 30 percent is the maximum, not necessarily how much your attorney will get. As I explained above, the attorney will have to justify to the court his hours and expenses, and if he cant do this, he will only get paid for the hours/expenses he can justify. The CAVC/EAJA is very familiar with hours/expenses, and they don't let attorneys get away with overcharging on fees/expenses to VEts.

Thanks for the info, from what I see at CAVC sight it goes back to the Board

for them to reconsider which who to say they wont do the same denie it but at less we

can add more evidence and summit more arguments. I just got the email from attorney

yesterday but will go over it good, but I hope she got my best interest in mind.

I have seen some attorneys dump you after a remand but this one says they will

still represent me

Edited July 16, 2015 by RUREADY