porgee Posted June 8, 2017 Share Posted June 8, 2017 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 Link to comment Share on other sites More sharing options...
0 porgee Posted June 15, 2017 Author Share Posted June 15, 2017 The only thing I can say is every lawyer has a different opinion on different cases My brother attorney deducted the $1075.00 from the attorney fees from his award. 6 digits award The court decides what you are paid from my understanding. You can file for 10 grand doesn't mean you will get it from the court .I will try to get a copy of payments from EAJA fees but my brother trust his attorney in wish all us should do if you attain an attorney make sure you trust his decisions on your claims Link to comment Share on other sites More sharing options...
0 Gastone Posted June 15, 2017 Share Posted June 15, 2017 V-US, I must have missed the part about Porgee's brother's lawyer deducting the $1075.00 from his award Escrow. Maybe that was his 20% agreed fee and he didn't actually get a BVA Denial and an eventual award or Remand from the CAVC. Porgee, could you post his BVA/CAVC Docket number? semper Fi Link to comment Share on other sites More sharing options...
0 Gastone Posted June 16, 2017 Share Posted June 16, 2017 V-US, I must have missed the part about Porgee's brother's lawyer deducting the $1075.00 from his award Escrow. Maybe that was his 20% agreed fee and he didn't actually get a BVA Denial and an eventual award or Remand from the CAVC. Porgee, could you post his BVA/CAVC Docket number? Semper Fi Thought this was posted 06/15 Link to comment Share on other sites More sharing options...
0 Gastone Posted June 16, 2017 Share Posted June 16, 2017 V-US, Porgee, just came across this 2003 CAVC Legal Fee Award for a Non-Lawyer Practioner wth over 20+ years of Vet representation. The CAVC appears to be able to go above the $125 per Hr Lawyer Fee on a case by case basis. Pentecost_00-2083E.pdf Buck52 1 Link to comment Share on other sites More sharing options...
0 porgee Posted June 16, 2017 Author Share Posted June 16, 2017 you don't need a docket # to know you didn't understamd the process maybe get the books and read them might help you to understand the process as the attorney suggested. Might help Link to comment Share on other sites More sharing options...
0 porgee Posted June 16, 2017 Author Share Posted June 16, 2017 (edited) My case after talking with a couple attorney, they will represent me on the decisions the judge or RO changing the judge decision. They seems to think they can get this decision in my favor, it is only 1 year retro but they like the case.I JUST don't know. One more thing always read your decision 2-4 times because you may have miss something I miss the decision was P&T with Child Education benefits but the attorney says I should get another decision showing P&T .The decision say educational benefits only. Edited June 16, 2017 by porgee Link to comment Share on other sites More sharing options...
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porgee
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
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
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
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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