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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Any takes on what this means?:

"`(:) The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."

as it refers to:

"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"

It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-

But-

"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"

This is the part that has been bothering me- what about all the vets who already have filed NODs?

Any thoughts here?

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Any takes on what this means?:

"`(B) The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100."

as it refers to:

"`(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney"

It seems that this is contingency fee basis- at not higher than 20% for attorney fees-to be paid by VA to the lawyer from the retro amount. Good-

But-

"to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed"

This is the part that has been bothering me- what about all the vets who already have filed NODs?

Any thoughts here?

Berta,

Read the law literally until case law redefines the conditions. IF you can access the committee reports on the legislation, they are "influential" until sufficient case law is established to define the actual legal meanings of the all the elements new law.

Ralph

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Berta,

Read the law literally until case law redefines the conditions. IF you can access the committee reports on the legislation, they are "influential" until sufficient case law is established to define the actual legal meanings of the all the elements new law.

Ralph

I may be wrong but it sounds like the VA will be charging an administrative fee for handling the disbursement of the 20% retroactive fee to the lawyer. jmo

pr

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I was told that a new law had passed this June allowing us to hire attorneys to represent us from the very beginning. Anyone know about this?

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