Attorney Fee Reimbursement

[McRay]

Last September, I was awarded 50% SC benefits after appealing a claim for PTSD and major depressive disorder that I filed in Feb or 2016. My VSO had encouraged me to work with an attorney and recommended a firm to me. I agreed and signed a fee agreement with him. Now that I won the SC, am I eligible to fee reimbursement? After I got the backpay, I sent the attorney a check for the agreed on amount, no one mentioned anything about fee reimbursement. It was only after reading posts on this website that I learned the VA would reimburse for legal fees. If I'm eligible, how do I go about getting the fees reimbursed?

 

Thanks!

[vetquest]

Unfortunately unless you are going to the CVA they do not pay the lawyer, you do out of your award.  I know giving up 20% of your award is tough but those of us that had a lawyer have had to do this.  Just look at it that you got 80% of what you might not have gotten without the lawyer helping.  

Edited August 8, 2019 by vetquest
I said doctor instead of lawyer.

[GBArmy]

When I am explaining using a lawyer, I often say this when it fits. "Look, I have a cookie jar here and I will give you a choice. You can have the whole jar, but just the jar, no cookies in it, or, you can have the cookie jar with 80% of the cookies still in it. Your choice.You can do the claim yourself and maybe because it is complicated, you lose, or, you can get someone (lawyer that knows what they are doing)to do it." If it is a complicated case, or the veteran doesn't have the ability to do it, they usually figure it out. Some people just want you to do everything for them, and they can just sit back. Others though just don't have a chance to make it happen if they try themselves. Those are the ones you should be recommending the lawyer to, because if they can't put the initial claim together, then they are even less likely to make the appeal right. IMO.

[McRay]

Did you read my question? I'm not complaining about paying the attorney. I am under the impression if you win an appeal, the VA reimburses your attorney fees to a certain amount. The fee I paid was 33%, I agreed to that and I paid it. Is any of that amount reimbursable by the VA?

[GBArmy]

Yes, I read your question. Did you read Vetquest's response to you? He is correct.

This is a string; I am commenting on his comment about using a lawyer.