CAVC Remand

[broncovet]

If you got an attorney to take your case, rest assured you have a great chance of winning.  You see, the attorney will be investing his own money into your claim, and, most attorneys like money and dont want to squander it on friviouls cases they cant win.  

So, your attorney will be spending money on your claim.  HIS time is valuable, probably 150 an hour or more, and so is his para legal who probably helps him.  He pays phone, internet, lawyer fees, office expenses and needs to make a profit, and this only happens when he/she wins.  And, they know the law.  

At the cavc a reversal (win for the veteran) is rather rare, most wins come from remands.  The attorney can often guide you on what to do to win the remand.  

Remember, if an attorney declines to take your case, dont take it personally.  Different attorney's have different expertise, and like certain kinds of cases.  Some like eed.  Others may like SMC.  They get comfortable in an area of law.  Also, there are about 16 million Veterans, and probably less than 1000 practicing attorneys in Veterans law.  So, many are very busy.  Just go ask another attorney, and keep going until you win.  

[Lemuel]

On 10/15/2023 at 6:35 AM, broncovet said:

Yes, dot, I "won" the remand, after taking my attorney's advice which was "get an IMO" from a voc rehab specialist, and submit that IMO to the BVA.  

I actually "won" twice:

1.  I won my backpay.  

2.  My attorney only represented me at the cavc, so eaja paid all my attorney fees, and I paid 0, because I represented  my self at the board remand.  This attorney "does not represent" Veterans at the BVA but limits his practice to the CAVC.  There is a reason for this:  

CAVC decisions are usually complete in 6 months, while it takes around 4 to 5 years or more for an average BVA appeal.  If you had a choice of getting paid in 6 months or waiting 5 years, which would you do?  

    All in all, it took Va 17 years to fully complete my claim and appeals.  Victory is often sweeter when you have to work harder or longer to get it. 

    I do have some minor issues I have been procrastining on, such as dependents, and an effective date of smc s.  I am getting tired of dealing with va, however, after 17 years, and may just let those issues rest.  

Wow.  Such a short time.  I finally got my TDIU back to 1985 on a claim filed in 1987 that languished in my C&P file until it was found by BVA Judge Marjorie A Auer in 2017.  It went to the Director, Compensation Services then and a final decision was rendered on 4/8/2020, 37 years later. (Apparently TDIU by Director Compensation services goes to last date of full time employment.)  Award letter now says P&T.

So reading through this in catch up, I think my chances of SMC s is very good.  Coupled with Dedicated Care from the Health Services should let me find a young couple from my religious affiliation that will be willing to come do what needs to be done for me.  Is not too much because although I need help getting dressed, I usually sit in my wheelchair all day in a bath robe.  Do not wear the Depends because would need help getting them on.  Just throw the bathrobe in the wash after rinsing it off with the focused shower head.  Does not happen very often.  The bathrobe even catches anything that happens at night.

SC qualifications, TBI and spinal disc disease.  Neck prevents me from reaching everywhere I need to, to dress myself.  So only get fully dressed when someone is coming, I am going, and I have someone to help.  Sometimes I am bendable enough to get the diaper and bottoms on myself.  Bit of a problem for overhead reaching or reaching back for shirts.