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U.s. Court Of Appeals


frosty69

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I was just wondering if anyone has dealth with the U.S. Court of Appeals for Veterans Claims, as I am thinking of appealing a BVA claim, as even they didn't look at all the evidence, according at least to their denial of a claim from 1971, long story, won't go into it here. I notice you can fill out a harship paper, so that you don't have to pay them 50.00, but what do they consider a finacial hardship, and do they send you papers to fill out to report all your income, or do they just take your word for it. If I appeal to the U.S. Court of Appeals for Veterans Claims, I plan on doing the paper work myself, as we don't have any decent VSO up in this neck of the woods, I even went in and check out our new CSO, in my county what a jerk, he tried to tell me I should be happy with my 100%, and I couldn't get anymore, I asked him about all the other awards, like the Y award, he said they are almost impossible to get, I told him, I already got one of them, he didn't know what to say, especially when I told him I did it by myself, without the help of a VSO. BUT IT WAS A SIMPLE ONE ANYWAY.

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  • In Memoriam

Rick, I notice that your counsel extended the case several times.

This was something that I had been watching, with Chairman Craig's increase of Judges, to consider lowering Vets Court claims backlog.

I kind of figured that the Court was going to cut extentions down to lower the number of claims.

Was there any problem getting extentions?

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  • In Memoriam

Rick, that is what I thought. It was on them and not on the Veteran. You did very well.

This could mean that the pressure is on, for them to make right decisions in the Vets Court and not continue endless extensions.

BVA Judge William Greene told Senator Craig, in the backlogs issues Senatorial hearing - on Crag's home page, that Veterans were applying for continual extensions and that this was one of the reasons for the many backlogs. Judge Greene kind of twisted it around to suit his own beginnings as Chief Judge.

Judge Greene was winking and nodding, at Senator Craig, so many times that I thought Judge Greene had a tick or some similar neurotic disease. Senator Craig, would wink and nod back at Judge Greene, like there was some kind of secret code between them or that the subject had been discussed prior to the Video Hearing.

The Video is on Senator Craig's VA Committee page if you would like to watch it.

http://veterans.senate.gov/index.cfm?FuseA...2006&id=711

Panel 1, is the one to look for, in the archives. (July 11, 2006)

Edited by Stretch (see edit history)
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rickb54

Well I filed an appeal to the US Court of Appeal, from my 1971 case, I fax them the details, but haven't heard anything back from them, I was starting to wondering if they received my fax or not, then today, got 3 different letters from 3 different lawyers, in three different states, one from Kansas, one from Missouri, and one from MN, wanting to represent me in my appeal, I wonder where they got the information, that I was filing an appeal. 2 of them sent their letters by express mail, cost them a little over 15.00 to send their stuff to me, lawyers must like cases like that, I didn't know it, but they if represent a veteran like me, and if I win, then they file a claim for their services against the US government, win or lose, it doesn't cost me a penny.

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  • HadIt.com Elder
I was just wondering if anyone has dealth with the U.S. Court of Appeals for Veterans Claims, as I am thinking of appealing a BVA claim, as even they didn't look at all the evidence, according at least to their denial of a claim from 1971, long story, won't go into it here. I notice you can fill out a harship paper, so that you don't have to pay them 50.00, but what do they consider a finacial hardship, and do they send you papers to fill out to report all your income, or do they just take your word for it. If I appeal to the U.S. Court of Appeals for Veterans Claims, I plan on doing the paper work myself, as we don't have any decent VSO up in this neck of the woods, I even went in and check out our new CSO, in my county what a jerk, he tried to tell me I should be happy with my 100%, and I couldn't get anymore, I asked him about all the other awards, like the Y award, he said they are almost impossible to get, I told him, I already got one of them, he didn't know what to say, especially when I told him I did it by myself, without the help of a VSO. BUT IT WAS A SIMPLE ONE ANYWAY.

If I recall correctly, decisions must be final and filed within 120 days of that final decision. I don't think the court will hear old cases prior to around 1988. Someone correct me if wrong.

pr

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>They do not ask you for anything to support you claim of hardship. Just fill in the form and send it in.

I was told by the AMC, that "no" one receives expeditious remands by the BVA, unless they have a terminal illness or in bankruptcy. Documentation is required to prove the hardship.

Since I haven't received my last rites, signed by a priest & notarized, or have anything left to bankrupt, I gave up on pursuing, so called "expeditious treatment", the BVA ordered. Even the well on my land has dried up.

Last week the AMC said my claim had moved to a Ms Becker's office to work the claim. Yesterday they said it went to "Ready to wait overflow".

I asked how long it will be there. I was told theres no time clock on it in "overflow".

On the 22nd of Dec. ,it will be 6 months from time it went into, "ready to wait" at the AMC. The last time it collected dust at the AMC, it was there for 1 to 2 yrs. Nothing was done and it was finally sent to St Pete's to be ignored.

It's been tossed around for nearly 3yrs in limbo & my guess is the AMC may not be anymore competent at processing a claim according to "their" manuals, than St Pete's did.

Betty & I are currently sick from some weird strain of virus & living in our daughters basement. Several of her teeth have become infected & had to be pulled. This crud has dropped in my lungs. Since they don't pay for ER treatment, I have little choice but to wait it out.

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rickb54

(If I had agreed and they won they would have asked the VA to pay them. I declined to use a lawyer in the beginning.)

Maybe this statement is true, I do not know, but in the letters from all three lawyers, they state, win or lose I do not pay them one penny, if they lost the case, they get nothing, if they win, then they file a claim against the US Government, for their fees, and then if they lose, then they get nothing. I can't see them lying on contract papers, that have to be notarized, seems to me they could get into trouble, doing things like that. I was planning on doing the case myself, but now might go with one of these lawyers, but can't do anything yet, as I haven't received any papers from the appeals board, at this time.

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  • HadIt.com Elder
rickb54

(If I had agreed and they won they would have asked the VA to pay them. I declined to use a lawyer in the beginning.)

Maybe this statement is true, I do not know, but in the letters from all three lawyers, they state, win or lose I do not pay them one penny, if they lost the case, they get nothing, if they win, then they file a claim against the US Government, for their fees, and then if they lose, then they get nothing. I can't see them lying on contract papers, that have to be notarized, seems to me they could get into trouble, doing things like that. I was planning on doing the case myself, but now might go with one of these lawyers, but can't do anything yet, as I haven't received any papers from the appeals board, at this time.

Lawyers are paid thru the Equal Access to Justice Act (EAJA). Once the decision is made they petition the court for payment. The court usually allows reasonable fees.

pr

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Question on these legal fees.

I have a vet who went to CAVC pro se and lost. Then years later he went back ,had a lawyer, got remand to BVA, and finally my former vet rep brought him here one day to see if I could help him.

Since he had acquired a lawyer at the CAVC level for his second CAVC appeal -the vet rep could not hold his POA.

The nexus was missing in his claim. I found it in his SMRs that weekend.

The VA awarded -but they forgot to pay him a lot of money-

They awarded 40% -he should be 100% -we Nodded-

Then they deducted $8,000 bucks out of his 40 %retro (about 40,000)and put this on hold to pay his lawyer.

I prepared a NOD on this based on VA case law.

The VA wanted to pay this lawyer for the initial CAVC claim-too- he didnt even know the lawyer then---

dont know how this is all going- I need to call him-I am sure that the VA has to reduce that legal fee.

Question- why were there no legal fees in Rick's situation? Because there was no cash retro involved?

I must be missing something-

By the way-GREAT case Rick!

I sure hope that was not a black mold problem in the basement.

I have considerable allergies and got black mold into my ceiling this summer.Somehow I still was here everyday and did my homework and everything else around but then when ragweed hit -but it was just awful -allergies are miserable.

It cost me thousands for a new roof (came from 2 small leaks but I wanted to prevent all further problems), then a dehumidyfier, and then some costly tea tree oil-professional mold killer-

I have appt with my woodstove man too as I think that might have a small leak too-around the woodstove pipe.

It does not take much dampness to begin major black mold problems and can make one very ill if they are allergic to it.

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