A law firm contacted me

[cavscout1967]

I have an appeal from 2011 that was partial granted 20% with a back date to 2011. I was contacted by Bergman and Moore law firm and they want to try and get the 20% award increased. My question to you folks is if I accept this offer from them and lose at the CAVC can I lose my already approved grant? Will appealing it delay the back pay award or will there be two backpay awards? 

Thank you

[GBArmy]

When you win, it's done, unless there was fraud involved and they find out later. Obviously, big problem. But no, if you win at any level and then appeal for EED, higher rate etc., that action doesn't affect what you already won. 

Edited September 26, 2019 by GBArmy
typo

[GBArmy]

And, if you were towin your appeal, there would be two back pays; it would never be done quick enough to combine them together.

[Buck52]

13 minutes ago, cavscout1967 said:

I have an appeal from 2011 that was partial granted 20% with a back date to 2011. I was contacted by Bergman and Moore law firm and they want to try and get the 20% award increased. My question to you folks is if I accept this offer from them and lose at the CAVC can I lose my already approved grant? Will appealing it delay the back pay award or will there be two backpay awards? 

Thank you

You need to check the rating criteria for this condition and see  if the 20% they gave you is a low ball rating, if the condition warrants a higher rating  I'd go with the Law Firm...especially if they helped you get  this far?

usually if you get back pay on the 20% and then get an increse they just do the math and add to the increase of what they already paid.

[broncovet]

No.   If your compensation is decreased, it must be done so by the VARO, and they must comply with regulations.   CAVC does not consider reductions OR award benefits in the first instance.  They consider only items you give them authority to appeal, when you file a NOA.  

BM is a great law firm, if they have offered you representation "on contingency", then you should strongly consider it.  

Your law firm will apply for EAJA fees, "if" they are successful at the CAVC getting a win or a remand.  If they are unsuccessful, then BM will consider whether or not an appeal to the Federal Circuit is indicated.  

There is no downside to accepting representation:

1.  You win, you get paid, and EAJA pays the fees.  

2.  You lose, and BM will consider whether to persue a Federal Circuit appeal.  You pay no fees.  

3.  If you get a remand (likely), then BM should get paid from CAVC through EAJA.  "IF" BM gets a remand, they will have to deduct compensation already received from EAJA when/if BM represents you at the BVA.  This is what happened with me.  My attorney got a remand, paid for an IMO out of pocket, won money upon remand.  I paid for fees at the BVA, but only to the extent they exceeded fees awarded by EAJA at the CAVC.  

     Here are my numbers:  

1.  Board denial.  Hired law firm to represent me at CAVC.

2.  CAVC remands claim.  CAVC awards EAJA fees of about 6000 to attorney.  

3.  Upon BVA remand, my attorney gets an IMO, pays for it, and wins at the BVA.  My 20 percent amounted to 7000, but 6000 of that was paid for by EAJA.  So I paid 1000 in attorney fees, "and also" paid for the IMO but only after getting my retro.    Great deal for me, and works for the attorney also.  

 

Edited September 26, 2019 by broncovet

[Buck52]

I can't speak for BM I have not used them but I agree with broncovet  I know some Veterans that have used B.M Representation and was totally satisfied and pleased....with the outcome.

[Buck52]

broncovet 

I must be mis-understand this post  I had thought this law firm contacted him to increase  his 20% Not decrease it?