As many of you know, I have hired an attorney for representation at the CAVC. My attorney has informed me that, after the conference, the CAVC is offering a JMR (Joint Motion for Remand). This means my claim will be remanded, on terms negotiable between the VA, and my attorney in my behalf. It also means that my attorney will be getting paid the fees by EAJA, that is, it will cost me 0. It also means they will have to comply with the remand, and fix the past errors. It does not mean, necessarily, I get any more benefits BUT it does mean I can submit new evidence AND the effective date will be the beginning of the appeal period, not the date I submit new evidence.
I recommend you consider an attorney if:
1. You have been denied at the BVA. (Even partially denied).
2. If its been over 5 years.
3. You are appealing for an earlier effective date, especially if it involves lots of retro, that is, you contend the effective date is many years ago. Here is why:
Alex points out that GS5's or even 7's or 9's simply do not have the authority to sign you a check for 100,000 dollars. This happens at the BVA level or higher, and its a "fluke" if you got 10 years worth of retro, say, on a DRO review. Yea, it can happen, but there is usually something going on behind the scenes when this happens. Its just not normal, regardless of what VSO's or VARO employees tell you. Most of the time, when large retro is involved, there is an attorney. Alex was a good example. Alex has fantastic knowledge of the CFR's and case law..probably better than any non attorney. But he got an attorney and got his benefits back to 1994. It just wasnt happening pro se or through a VSO.
You can check NOVA for a list of attornies in your state, or you can PM me and I will give you the name of my attorney.
A common myth is that an attorney will cost you 20% of the retro. That is not always true. Very often, EAJA fees will pay part or all of your fees, and you pay 0. I have already hired ONE attorney for my case back in 2012, and the fees were paid for by EAJA. I went back, again, and again, my attorney fees were paid by EAJA.
It just makes no sense to struggle with a VSO, or with your own claim, when, most often, you can hire an attorney and it wont cost you anything anyway. Even if your attorney does collect fees over and above EAJA fees, your attorney will have to justify the fees to the court..and the EAJA fees paid will be deducted from your 20%.
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broncovet
As many of you know, I have hired an attorney for representation at the CAVC. My attorney has informed me that, after the conference, the CAVC is offering a JMR (Joint Motion for Remand). This means my claim will be remanded, on terms negotiable between the VA, and my attorney in my behalf. It also means that my attorney will be getting paid the fees by EAJA, that is, it will cost me 0. It also means they will have to comply with the remand, and fix the past errors. It does not mean, necessarily, I get any more benefits BUT it does mean I can submit new evidence AND the effective date will be the beginning of the appeal period, not the date I submit new evidence.
I recommend you consider an attorney if:
1. You have been denied at the BVA. (Even partially denied).
2. If its been over 5 years.
3. You are appealing for an earlier effective date, especially if it involves lots of retro, that is, you contend the effective date is many years ago. Here is why:
Alex points out that GS5's or even 7's or 9's simply do not have the authority to sign you a check for 100,000 dollars. This happens at the BVA level or higher, and its a "fluke" if you got 10 years worth of retro, say, on a DRO review. Yea, it can happen, but there is usually something going on behind the scenes when this happens. Its just not normal, regardless of what VSO's or VARO employees tell you. Most of the time, when large retro is involved, there is an attorney. Alex was a good example. Alex has fantastic knowledge of the CFR's and case law..probably better than any non attorney. But he got an attorney and got his benefits back to 1994. It just wasnt happening pro se or through a VSO.
You can check NOVA for a list of attornies in your state, or you can PM me and I will give you the name of my attorney.
A common myth is that an attorney will cost you 20% of the retro. That is not always true. Very often, EAJA fees will pay part or all of your fees, and you pay 0. I have already hired ONE attorney for my case back in 2012, and the fees were paid for by EAJA. I went back, again, and again, my attorney fees were paid by EAJA.
It just makes no sense to struggle with a VSO, or with your own claim, when, most often, you can hire an attorney and it wont cost you anything anyway. Even if your attorney does collect fees over and above EAJA fees, your attorney will have to justify the fees to the court..and the EAJA fees paid will be deducted from your 20%.
4. If you are being reduced in rating.
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As many of you know, I have hired an attorney for representation at the CAVC. My attorney has informed me that, after the conference, the CAVC is offering a JMR (Joint Motion for Remand). This mean
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