Moderator broncovet Posted February 17, 2016 Moderator Share Posted February 17, 2016 (edited) Todd Since you have a "fresh" BVA decision, this is your best time to seek attorney representation. I also have a "fresh" BVA appeal, and submitted it to several law firms for review. BVA decisions have to be appealed in 120 days, so you dont want to delay much, as the attorney will need time for review, and then they will likely send you a fee agreement if you both think they should represent you. After you sign it, the attorney can file an appeal in your behalf. So far 2 law firms have agreed the BVA decision is in error and will represent me at no cost to me in an appeal to the CAVC. In other words, they will still get paid when they win, but they are confident enough about my case that they have agreed to do it for the EAJA fees, at no cost to me. So, should I hire a law firm who will get paid plenty to represent me, or take my chances with a VSO? Let me think....Im going with the law firm, that is a no brainer. Law firms lose just 13% of their cases at BVA while VSO's is about double that, with all of them over 20% loss rates, according to the BVA chairmans report. Your attorney, after he reviews your file may, indeed find an applicable CUE in an unappealed decision that would net you money. You would start by contacting a law firm who represents Veterans and electronically send, email, or snail mail your BVA decision, and any other documents they may ask you for. They will review it and advise you at no charge, at least most of them will. Edited February 17, 2016 by broncovet ArNG11, toddt and flores97 3 Link to comment Share on other sites More sharing options...
toddt Posted February 17, 2016 Author Share Posted February 17, 2016 Appreciate the input broncovet. I am going to try a reconsideration pointing out their misinterpretation of my evidence before I do anything else. After that an attorney is possibly in the offing. I divorced my VSO long ago and did my BVA appeal myself. In fact I'm not even sure why I started with a VSO because they did nothing at all and couldn't even take the time to answer my questions. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted February 17, 2016 Moderator Share Posted February 17, 2016 Ok, try the MFR yourself, but remember you have 120 sunsets, and no more, to file an appeal regardless of the outcome of the MFR. 120 days and .0000000000000000000000000000000000000000000001 seconds is too late and it will be denied. Link to comment Share on other sites More sharing options...
ArNG11 Posted February 17, 2016 Share Posted February 17, 2016 Todd Great news none the less. Way to stick to it. Today is a good day. Good for a few as I have read. Take in the win. Enjoy. Take care. toddt 1 Link to comment Share on other sites More sharing options...
flores97 Posted March 2, 2016 Share Posted March 2, 2016 Toddt, Congratulations on the win!! toddt 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted March 2, 2016 HadIt.com Elder Share Posted March 2, 2016 On 2/17/2016 at 4:56 PM, toddt said: Don't see any benefit in filing for SSDI I am already receiving Social Security. There may be a tax advantage but probably not in my case. Depending on your age - - If you are collecting SS at a lower rate due to early retirement, 62, etc. Then SSDI can change the amount to that you would have received based upon full retirement age. When you hit full retirement age, the SSDI changes to SS automatically. toddt 1 Link to comment Share on other sites More sharing options...
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