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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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porgee

ATTORNEY FEES

Question

I REMEMBER Broncovet  said he didn't have to pay no attorney fees out of his decision from CAVC

yet I find this is not correct. If you win an EED of a claim for 2-3 years retro how is it that an 

attorney get paid more than a vet with an attorney with 15 years of retro without paying. 6 GRAND 

IS GOOD FOR SOMEONE that work a case for less than a year at the job.  Yet a veteran gets 175 grand and the CAVC

COST IS $1600.00 for attorney at the CAVC HOW IS THIS ???. Anybody. I WON 175,000 retro ATTORNEY FEE WAS 

$1600.00 at CAVC plus 20% of the retro. I guess every case is different.

Edited by porgee

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When a Vet's lawyer prevails at the CAVC either with a Remand or an outright Award, he then petitions the Court for Legal fees. The CAVC Awarded Fees are paid to the Lawyer by the VA, they don't come out of the Vet's Award or Retro. 

In the instance of a Remand (CAVC Remands are considered Wins as far as Legal Fees are concerned), it doesn't matter if the Vet prevails on the Remand, the Lawyer gets paid by the VA regardless.

A friend got $7k late 16 on an ED Remand, his CAVC lawyer collected like $18K early 16 directly from the VA based on the CAVC Awarded Legal Fees. Not a bad payday, right.

Semper Fi

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you got that right that's a darn god pay day. I just don't get it still . My attorney

been on my case a while and when I got the break down of the fees he charge me 

and the fees he got from CAVC is no where near 18k or even 6k they paid him $1600.00

for his time at CAVC and this was taken off. I have never heard an attorney get 18K from

the VA if that's the case attorneys may a lot of money from VA. HE gets 18k and the vets get 

7k out of the award. I just don't believe that is correct or somebody done lied to me.

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VA pays an attorney 18k for a 7k award to the vet, that's hard to believe

and that just don't sound right about VA paying that much for an argument 

written up by the attorney because most don't go to court or that's what I been told.

 

 

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Ok.  Again, its correct.  The cavc often awards attorney fees to successful claimants at the cavc level, to be paid by eaja.  The attorney can not collect eaja fees 

and also from the claimant, except to the extent that the fee agreement exceeds attorney fees. 

Your attorney has to ask for eaja fees, so you need to tell him to request same.  They may not care whether the money comes from you or eaja, and its likely easier to collect from you.  My attorney requested and got eaja fees without me asking, but your attorney may not.  

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Eaja fees are often paid even when there is a remand, especially if its a JMR.  You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable.  

If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees.  Ask your attorney about eaja fees.  

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