U.s. Court Of Appeals

[frosty69]

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.

[frosty69]

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.

[Philip Rogers]

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

[Berta]

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.