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BVA Decision

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porgee

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porgee Collaborator

porgee

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BVA granted me and effective date of 2003 in the decision but only paid me back until

2004 one year short and only to say they made a mistake in the first decision. The Judge made

a mistake but this was the year I ask for in NOD. The 6 digit retro is nice but 1 year short and now 

another 5 years of appeals or leave it alone??  It took 9 years in appeals for this only to

get shorted one year. I might let it go tired of fighting the ""goberment'' not goverment

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broncovet
broncovet

Its up to you.  1 year of retro, at 100 percent is around 30 grand, depending upon the number of dependents, the year, and if or how much you already received.  For me, I would appeal a year "mistake"

Gastone
Gastone

The CAVC attorney fees are a matter of Record, just have to look up his Docket Number. The Award of CAVC Legal Fees is a little more complicated than just that posted list of Historical Hrly Fees.

VetlawUS
VetlawUS

If there is a question about whether the attorney was paid the fee the Court ordered, ask to see a copy of the check they deposited into their Client Trust Account. EAJA Checks are still paper ch

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broncovet Grand Master

broncovet

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Its up to you.  1 year of retro, at 100 percent is around 30 grand, depending upon the number of dependents, the year, and if or how much you already received.  For me, I would appeal a year "mistake".  

You may be able to ask VA to cue themselves, and point out the error.  Its worth a shot.  

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jfrei Grand Master

jfrei

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Call this number (202) 530-9470 explain your issue they will help you submit an inquiry into your RO most likely to see if was their error or an error of miscalculations that you may have made... not saying you did I had the same issue where I was about 20k short of my last retro and it was their mistake that's the number I called to contact the Philly RO to get the answers to fix my retro.  Your case it could be a simple as attorney fees not sure the details just shotting blanks it's all I was given...

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Gastone Grand Master

Gastone

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And this BVA Decision Award Letter was Dated when? As I recall and you know I could be wrong, you have (60) days to Appeal the BVA Decision to the CAVC.

Who (VSO or VA Lawyer) rep'd you at the BVA?

I concur with Bronc and would add, why wouldn't you attempt to get the additional year of Retro?

If your grounds for appeal have a fair to midland chance, a VA Lawyer would jump at the Financial opportunity to rep you at the CAVC. If you're looking at say 20 to $30K in Retro, that could be up to a $6K+ Payday for the Lawyer.

Then there are the Legal Fees the lawyer can petition from the CAVC. Even a Remand Award could result in substantial Legal Fees being paid directly by the VA, well in excess of the 20% of your potential Retro Award, regardless of an Award or Denial.

A friend, on an ED Remand from the CAVC, just got (01/16) 6 yrs of Retro (about $7200). His Pro Bono Lawyer from the Vet Legal Consortium in DC scored $18K in Legal Fees just for the mid-2016 Remand.

If you actually decide or have decided not to pursue an Appeal for the EED, could you share with us your reasoning?

Semper Fi

 

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VetlawUS Enthusiast

VetlawUS

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I'd be happy to take a look at the BVA Decision to see if there is an appeal possibility at the Veterans Court - you have 120 days from the date of the Board decision to appeal.

Shoot me a copy of the BVA Decision to vetlaw@attigsteel.com and we can have an answer to you before the weekend (if you get it to me today).

Effective date appeals to the Veterans Court have 2 forms of relief (for the most part): Reversal, where the BVA error is "clearly erroneous", and remand for a new BVA decision when they do not adequately support or reason their decision. 

When my firm takes cases at the Veterans Court, the Veteran never pays us. If we win, the VA has to pay us out of its own pocket (NOT your past-due) under the Equal Access to Justice Act. If we lose, we lose.  It is effectively "pro bono" for the Vet, but since the VA pays us when we prevail, we cannot say that our services are free...they are just free to the Vet.

Chris

 

 

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Berta

Berta

Posted
Posted

Yeah, it might be a CUE.......Can you give us the BVA  Docket #?

Not a BVA CUE but a VARO CUE.......maybe.........more than likely  RO CUE

Can you attach a redacted decision from your RO with the Evidence list and their R & B on the EED?

Oh I see Chris Attig is here.....thanks Chris....CUE potential  is always my first avenue of approach.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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porgee Collaborator

porgee

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I thank everyone for your response. This is what I think happen to my claim.

My NOD ask for EED of 2003 and the Judge agreed "but they claim I filed the claim

in 2004 and not in 2003. Medical records says I was disable since 2003 with hospital records 

showing I had surgery and I was disable IN 2003. That's why I say I give up. I cant find the record

that I file in 2003 and I file this same claim through SSDI and they tell me SSDI would not file

VA COMP with SSDI for VA benefits. My lost what can I do?

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