Your odds at the Board of Veterans Appeals

[broncovet]

According to the BVA Chairmans report, your odds are as follows:

2011 AWARDS 28.5% REMNADS  44.2% Denials 24.2%  OTHER 3.1%

2012 AWARDS 28.4% Remands  45.8% Denials  22.5% Other 3.3%

2013  Awards 26.2% Remands 45.6% Denials  24.2%  Other 4.0%

2014  Awards  29.2%  Remands  45.5% Denials 21.5% Others  3.8%

    In 2014, this means you have 74.7% chance of either an award or a remand which COULD be an award.  When you also consider that, of the denials, at least some of these are overturned at either the CAVC, the Federal Circus, or sometimes a CUE.  Bottom line is you get denied about 1/5, and get at least something 4/5 times, as long as your persist.

 

    IMPORTANT:  PAYING FOR AN ATTORNEY OR AGENT PAYS, according to this Chairman's report.   "Free" VSO's are not Free, they cost you in that your 

denial chances are "hurt" when you try it on the cheap.   

 

    You can improve these odds by hiring an attorney.  If an attorney represents you,  you lose just 13.7 % of the time.  Or, your attorney wins a remand or an award 83.2 percent of the time.  

   Agent is next best, where you lose just 16% of the time.

   PVA edges out the other VSO's where you lose 18% of the time

   DAV loses 19% of the time,

   VVA  is also 19 percent

     MOPH loses 20% of the time

    AMleg is 21% ______  This is the Average; Any of these above are better than average, and below this line are worse than average_____________________.

    AmVets 22% 

    VFW 22%

    "State" VSO's head up the rear at 23%

     YOur chance of losing with an attorney is almost half of the state VSO's.  

SOURCE:

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2014AR.pdf

    

 

Edited September 1, 2015 by broncovet

[Fat]

This is good information.

I'm seriously considering getting an Attorney for the BVA process......

[Vync]

Thank you for posting this info. I'm sure many will find it enlightening.

[green]

Very telling information, thank you broncovet

[Carl the Engineer]

Attorneys or Lawyers that specialize in VA or SSDI claims know the ins and outs, tricks and other special considerations that we would'nt and could not know.  Some know more than others.  I have not used one, however my wife used one (legal aid, not lawyer) and it was quite enlightening.  She told us what was going to happen and when, and had the ability to talk to the SS Judge (staff) 8 months before our hearing and got a approval.  I believe we may have lost a couple months on the onset date in the deal, but my wife never had to leave the home which was worth a million bucks us.

I may use one when I get me act together for a couple of secondaries here shortly.  When I get denied or lowballed.  As usual.

Thanks for the info,

Hamslice

 

 

[broncovet]

Interestingly, while the lawyer loss rate is only 13.7%, I dont think that tells the whole story.  Remember, many/most Veterans dont even hire a lawyer until he has lost at least once through a VSO.   Vet's are reluctant to spend the money for good reasons.  This means lawyers who represent Vets get ONLY the toughest cases..the complex cases which are hard to prove.   If lawyers got "easy" cases, too, I bet their loss rate would be much less.  Also, this includes attornies at all experience levels..many new attornies are trained each year.  

I also need to add here, that a Veteran "does not always" have to pay his attorney, that often the EAJA pays all/part of the attorney fees, especially at the CAVC level.  

I learned the hard way that "free" representatives sometimes are more costly than the ones you pay for.  Most/all Attorney's who represent Veteran's do so on a contingency basis, and dont get paid until/unless you win.  

I told my attorney I hope he can buy a new boat with the money he makes on my case, because, he gets 20%, but I get 4 times that at 80%.   

Edited September 2, 2015 by broncovet