CAVC

[ShrekTheTank]

So I got a document to sign for a lawyer at the CAVC.  In it is stating a 20% fee for them to take the case if they win.  In the documents they also have if it is anything but the CAVC there will be a 20% fee recovered if there is an award.

I am assuming this is standard for a lawyer to have in the paperwork?

In their letter they state they want to appeal to the CAVC and fight the ruling.  I just want to make sure I understand the legal mumbo jumbo before I sign it.  

In it they are stating 20% of the retro and then go into the EAJA.  So will I be required to pay the 20% and then they get the EAJA?

[ShrekTheTank]

If the CAVC does remand my case do I want an attorney at that level?  or do I just need them for the CAVC?

[Dustoff1970]

The fee agreement they quoted you seems to be the standard fee arrangement I have heard and read that other lawyers charge their vet clients and appears to be in accordance with the EAJA law and court rules/decisions.

I may be wrong but it is my understanding from others that the lawyer will win his fees from VA if the lawyer obtains only a remand from the court or BVA and then you are on your own to maybe have to start all over again.

You appear to already have signed on with an attorney and if not there are quite a few who have had many many years of successful experience representing vets before the CAVC and Federal Appeals Circuit courts such as Kenneth Carpenter and associates of Kansas and Dr. David Anaise who is also an attorney in Tucson Arizona.

The CAVC court website has a link listing accredited attorneys who are allowed to practice law before their court.

Ken Carpenter was also president of the Veterans Pro Bono legal consortium of lawyers for many years.

This info is based upon only my own personal experiences of 30 years dealing with VA matters.

[Buck52]

Shrek , broncovet can explain these attorney fees fairly simple.

There's different ways you can go and some times your not out the 20% VA Pays all the attorney fees..I don't know That much about attorney fees ?

 ask broncovet about this.?

[ShrekTheTank]

@broncovet  I think my question is, is it worth it to have an attorney at the phases during and after the CAVC?  Like if there is a remand to the BVA or the regional office, should I have an attorney?

[Dustoff1970]

I cannot answer last part of your question but having represented myself in a successful CUE appeal before the CAVC court in 2005 I can tell you a good attorney is worth his weight in gold to represent a vet before the CAVC or Fed appeals Circuit courts.  At my age I would never try or do this again as it was very stressful with time limits on all procedures and required exact paperwork and wording of motions, counter motions, pleadings, etc. etc.

This is considered an adversarial setting and VA attorneys are allowed to be very nasty, hateful and antagonistic toward their opponent attorneys and even pro se vets such as myself.  I was very lucky to have two judges who were pro vet and made generous rulings on my behalf and against the VA lawyers (can you see my big smile).

[broncovet]

Of course, you want to bring up these very important and valid questions with your potential attorney.  

However, my experience has been as follows:

If you are in the "short" appeal period for CAVC, I suggest you hire an attorney because EAJA "almost always" pays the fees for CAVC appeals.  

But, its a bit more complicated than that.  

YES, if you win (win or remand) at CAVC eaja normally pays the fees.  However, if its a remand (likely), then your case is remanded to the BVA.  IF you want representation to the BVA, then you have to pay for that portion.  

Here is how it happened for me:

I appealed a BVA denial and hired a law firm.  They got a "remand".  It was remanded to the BVA and EAJA paid the attorney fees FOR THE CAVC APPEAL.  They did not pay the fees for the legal work for the BVA remand.  Here is how that went down.  The "maximum" you can pay is 20 percent (limited by the fee agreement, you can pay more, but that depends on your fee agreement).   But, the attorney can not collect from you AND the EAJA.  So, in my case EAJA paid about 6000 in fees, but my 20 percent came to about 7000.  So, I paid 1000 which is 7000 in fees minus the 6000 already paid by eaja or 1000. 

I strongly recommend an attorney at the CAVC level.  Even Alex hired an attorney at the CAVC.  (he won).  

You may have to pay some of the fees upon remand, that is, "if" you contine to be represented by the law firm at the BVA upon remand.  

All of this should be discussed with your attorney, so that you understand it fully.  

You could/should also address "expenses" which law firms sometimes have.  For example, there may be a charge to copy your medical records at a hospital, and you could be responsible for those; again, discuss this with your attorney before signing.