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sevensees

Have Had Attorney Less Than Two Months, Owe Fees?

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Thanks, Jumpmaster

I think lots of people think that attorney's who represent Vets make a fortune. That rarely, if ever, happens. I spoke with an attorney who no longer represents Veterans at VA. I asked them why. They explained, "Not just Veterans are uspset about the backlog."

Apparently, attornies dont like to wait 4 or 5 years, most of the time, for their paychecks either.

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With out reading everybody's replies, I probably agree with all of them.

Do you have a copy of the Legal Representation Agreement that your DAD or whoever is his POA signed with the lawyer? Black out identifiers and post. If the potential large retro was not addressed and the lawyer performed limited work, you might be able to get off with billable hours in the area of $300+ per hr. Worth a try but doubtful.

Has he been on appeal for 10 years or are we talking about a closed claim that's reopened.

Just went back and re-read your post. I think you jumped a little early with the attorney. Your recent C & P was pending from an active appeal. Unless the contract specifically states to the contrary, your lawyer is due his 20% Retro Fee if it's awarded tomorrow or in 2 years. He didn't sign on to just represent a new claim for headaches, right.

Semper Fi

Gastone

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In my opinion I don't think she is unwillingly not wanting to pay this attorney, she wants to pay him what he is due and he has only been on the case a couple months and the cases was decided.

now the attorney wants the 20%of the last 10 years, imo that's not fair, so I think she should pay him for what time he did help with his time and postage, phone calls,ect,,ect,,( any out of cost to the attorney that pertain to this case) and the work he actually did on her case and just pay according as what she and the attorney agreed on when she first hired the attorney.

if the attorney wants the 20%for the last 10 years & she don't feel he is owed this she should contact her RO and seek advice as what her rights are I mean her Fathers Rights.

unless however she is bound to this attorney for attorney fees the whole past 10 years that is the question here?

...............Buck

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The deal about the attorneys is if you agree than you should pay theml 20% of an award gained by a professional is a decent payment for other things many attorneys get a third to 50%. If the attorneys fon't win for you they get nothing.

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    • 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.?
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    • 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. 

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      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.

      ...................Buck
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