Back on August 7 of last year, the BVA granted me TDIU and SMC (s) back to 2009. So, last week on the 13th, (9 months and 6 days after that BVA Decision) I received a dozen deposits into my bank accounts, 9+ years of retro.
Now, it was my understanding that Attorney Fees of 20% would be owed up to the date of the BVA grant, which would be August 7, and that all money after that date was entirely mine.
However, the VA also withheld 20% from those last 9 months. That means the attorney will get an extra $3,600+ from me because it took over 9 months for the RO to implement my new rating. Is this a mistake?
Here's what the M21 says, which seems to me that nothing should be withheld after August 1:
c. The Period to Use for Calculating Past- Due Benefits
Past-due benefits are calculated
from the effective date of the award
to the date of the decision awarding benefits,
not the date of the notification letter
not the last day of the month in which the decision awarding benefits was made. See VAOPGCPREC 18-95 and 38 CFR 14.636(h)(3) regarding definition of past due benefits
Am I misunderstanding this? If there is an error, do I just call Peggy, or contact Office of General Counsel who is technically holding the money now?
FWIW, I already felt the Attorney Fee is excessive (I may not gain anything doing this, but I have my reasons for protesting it), and was preparing to ask the OGC to review it for reasonableness.
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acesup
Back on August 7 of last year, the BVA granted me TDIU and SMC (s) back to 2009. So, last week on the 13th, (9 months and 6 days after that BVA Decision) I received a dozen deposits into my bank accounts, 9+ years of retro.
Now, it was my understanding that Attorney Fees of 20% would be owed up to the date of the BVA grant, which would be August 7, and that all money after that date was entirely mine.
However, the VA also withheld 20% from those last 9 months. That means the attorney will get an extra $3,600+ from me because it took over 9 months for the RO to implement my new rating. Is this a mistake?
Here's what the M21 says, which seems to me that nothing should be withheld after August 1:
c. The Period to Use for Calculating Past- Due Benefits
Past-due benefits are calculated
from the effective date of the award
to the date of the decision awarding benefits,
not the date of the notification letter
not the last day of the month in which the decision awarding benefits was made. See VAOPGCPREC 18-95 and 38 CFR 14.636(h)(3) regarding definition of past due benefits
Am I misunderstanding this? If there is an error, do I just call Peggy, or contact Office of General Counsel who is technically holding the money now?
FWIW, I already felt the Attorney Fee is excessive (I may not gain anything doing this, but I have my reasons for protesting it), and was preparing to ask the OGC to review it for reasonableness.
Edited by acesuptypo
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vetquest
That is the best attitude to have. My attorney received ten years equivalent when he only represented me for five years. It is hard to see that much money go away but focus on what you gained. With
Berta
Many years ago I helped a local vet succeed. He had been to the CAVC twice and VA withheld quite a chunk of cash from his backpay, for legal fees. I searched for his appeal rights on legal fees,
Berta
The regulations for attorney fee appeals apparently changed in 2008- long after the experience I had above with the local veteran. Did the RO send you any appeal criteria at all ,for the amount t
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