what is the last step?

[boatman]

I have been reading here for a very long time and posted a few times as well. My question is I thought the BVA was the last step of my appeal. As many of you know I was wrong. Now here is where I (think) I am. BVA approved my claim I received a letter stating that fact. The BVA returned my claim to my state RO. Now the best I can tell is the RO has completed the rating and dating portion. Can someone tell me where is the next "approval" step takes place. I have an attorney and have been advised things are going well. Over ten years and I should have built some patents right? Oh no not me I recall every day of this, what ever it is, has taken. Each birthday, Christmas, New Years day, Thanksgiving day, and all of it. The fact that the day would be better if I could have closure with this issue. The money has nothing to do with it any more. I am use to being with out so much it matters not. Never thought I would have gotten to this point of numbness.

I came here today to thank all of you here. The name of "here" has changed of coarse, but not the minded patriots that have formed an invaluable asset for people like myself. I came here many times just to gain hope when it was looking very dark.. So thank you all for your support over the years. I hope to be able to put my VA claim issue to rest. I may return here from time to time I hope so. One day maybe what I have been through will help someone. Again you the core of this asset thankyou is all I can say. sorry if I have rambled here. Bitter sweet comes to mind when I think I no longer will need what is so gracefully dispensed here for those of use in need.

I almost forgot. Where has my claim gone? I have to do this. How long will it take before I get my final award? sorry lol

Humbly yours 

[MikeHunt]

17 hours ago, broncovet said:

Mike,

    The attorney ONLY gets paid if you win in Veterans benefits cases,

   Even if you do get paid, its quite possible or even likely that EAJA pays all or some of your attorney fees.  This often happens at the CAVC level.  

My understanding is he won at BVA. Further, the atty gets 20% of that retro. Unless I'm grossly misunderstanding how things work, which is very possible.

IF it goes far enough to qual for the thing you quoted, that adds even more clerical complications.

[broncovet]

The percentage of the retro which goes to attorneys is negotiable.  However, 20 percent is often what attorneys charge AND, the laws say that attorney fees must be "reasonable".  Reasonable is defined as 20 percent or less.  For an attorney to get more than 20 percnet he has to justify his fees, for example in extremely complex cases.  

Also, as I explained, EAJA often awards some or a portion of the fees.  This means the VET may not have to pay the full 20 percent if EAJA fees are awarded. (often).  As I have explained, in my case I hired an attorney at the CAVC level, and the EAJA agreed to pay a little over 6000 in fees.  That is 6000 in lawyer fees that I wont ever have to pay.  It means that unless my retro is more than 30,000 then I wont pay any attorney fees.  If my retro is MORE than 30,000, then I pay 20 percent of anything OVER 30,000.  So, if my retro is 35,000, then I pay 20 percent of 5000 which is 1000.  The attorney gets 1000 and I get 34000.  Its because my attorney got fees paid  by EAJA.  EAJA pays fees when the VETERAN wins OR GETS A REMAND and the VA has taken a position that was "substantially unjustified"  

And, the courts are liberal about awarding Veterans legal fees under EAJA.  When the Vet wins the case, and the attorney fees are sought under EAJA, its pretty much a foregone conclusiion that the VA took a position against the VEt that was substantially unjustified.  

VA lawyers have to get paid, and they have to do something other than spin fidget spinners.  So, the VA always hires their own attorneys to try to "win" against the Vet who is appealing.  

The attorneis who work for the VA have to come up with "something" to try to make the denial stick.  Most of the time they come up with bogus BS that fails over half the time.  You see, Vets win a reversal or at least a remand in over 70 percent of the cases.  Less than 30 percent of the cases are denied again at the Board.  

If you look at the 2015 BVA chairmans report, you will see that Attorney represented claimants lost just 10.1 percent of the time.  This means that almost 90 percent of claimants represented by an attorney either "won" or at least got a remand.  

Source:   BVA Chairmans report, 2015, page 27.  https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf

[boatman]

Thank you I think we should be able to check how is working on our case every day. I sure hope one day it will be that way!