Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • Advertisemnt

  • VA Watchdog

  • 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

Sign in to follow this  

Have Had Attorney Less Than Two Months, Owe Fees?

Recommended Posts


At the suggestion of many users here (especially Berta), we hired an attorney for my father's claim less than two months ago.

He's been fighting for 10 years on this claim. He filed in 2005 and was rated 50% major depression and anxiety in 2012. He had a c&p exam today for his appeal and after speaking to the examiner alone afterward about his condition and other doctors declaring him permanently disabled, she said "Trust me, you should be fine".

If that means he might get a much higher rating soon and "possibly" a very large back pay for 10 years, us he required to pay the new attorney 20% of the back pay for 10 years when they had absolutely no bearing "yet" on his case?

They filed a new claim for headaches, but

He hasn't had any motion from the VA on that yet. I do t think they have even received the C-file yet.

There is no problem in paying someone money that they have earned and helped to achieve, but if this goes through as is, they had no bearing. I'm sure we should pay them something for filing this new headache claim since they did that, but not 20% of 10 years they had nothing to do with. Obviously if this doesn't go well and the VA doesn't increase for some reason and they fight to help us win it's a different story.

Does anyone have any advice or suggestions on this? Thank you very much!

Share this post

Link to post
Share on other sites


Did you both (you and the attorney) have a misunderstanding about your agreement or contract with the lawyer? I've dealt with a couple of slimy attorneys, a couple of times in my life? It sounds like your attorney wants a piece of "all" of your VA claims--old and new? However, if you did not specify the limitations on what he is representing you on/for, you could very well be on tap for everything and to give him a percentage for "all" of your contentions that he can get back-pay on? The other thing they do, is put in a "bail-out" clause of your agreement in which they can charge you 2 to 3 hundred dollars and hour for work they do on your behalf if you leave them before you get a final outcome on you VA claim. This also includes incidental charges that can turn into significant extra money? Frankly, they are not all bad and there are some good ones but you need to understand what "authority" fully that you give them..otherwise the relationship can be very costly to you..over and above the normal rates for a Vet....goodluck...rootbeer22..

Edited by rootbeer22

Share this post

Link to post
Share on other sites

I have tried to help many Vets that were in this same boat, and ultimately most of them had to pay the 20% overall regardless of what the Lawyer did or did not do, as that is what the Contract or Agreement stated. In the end if your father gets what he has been fighting for, does it really matter. My twin brother just got his SSDI and by the time the Ex and the Lawyers get their money, there wont be enough retro left for a bowl of rice, but guess what, Now he gets a Check and Benefits for the rest of his life, so the rest is Water under the Bridge. Good luck and God Bless!!!

Share this post

Link to post
Share on other sites

The usual appeal based agreement covers the period and issues involved in the appeal. The 20% is 20% of the resultant retro pay

won as a result of the appeal. The VA rules also allow incidental expenses. EAJA also has various rules that may be involved.

Share this post

Link to post
Share on other sites


If a person works for you they should be compensated .. if you made an aggreement, honor it.

Edited by 63SIERRA

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:

      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis

      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.

      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 


      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.


      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines