Moderator broncovet Posted February 3, 2020 Moderator Share Posted February 3, 2020 This is what Adrian told Rocky she wanted him to do: Quote WIN!!!!!! (Enter "Rocky" win music): I just got the envelope today, I can confirm that The BVA granted my TDIU EED appeal. I will tell "how I did it", as it may help others. I hired a lawyer (Chris Attig). He "won" a REMAND at the CAVC. (My attorney fees were paid by EAJA, I paid nothing). Since Mr. Attig apparently does not represent claimaints "before the BVA", Mr. Attig no longer represented me at the BOARD upon remand. He suggested An IMO from Patrick Clifford would do the trick. I took his advice, hired Pat Clifford, he submitted a favorable IMO and I won. I would recommend both Mr. Chris Attig and Mr. Pat Clifford. Mr. Pat Clifford is a Voc REhab specialist who offers IMO's for Veterans who need evidence from a Voc Rehab speciailist. Pat@Cliffordvocationalservices.com Chris Attig is an attorney with Attig Steele and his information is available at the NOVA website: Link to comment Share on other sites More sharing options...
El Train Posted February 3, 2020 Share Posted February 3, 2020 Good job Bronc. Used VA law and regulations to your benefit. I did the same. Only took me 3 years for 100% P&T. Another source for outside IMO's is great. There aren't a lot of them out there for vets. I had to travel to get mine. Lucky I have the resources to do that. Most vets don't. And it's unfortunate. These are key to fighting the VA hired guns. Fight fire with fire. Next battle is getting back pay dating to 1993 for a BS denial back then. Got a high powered law firm that took the case. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted February 3, 2020 Author Moderator Share Posted February 3, 2020 Thanks. Once the lawyer accepts your case, your chances are very good. Patrick Clifford was VERY reasonable as IMO's go. Link to comment Share on other sites More sharing options...
blahsaysme2u Posted February 3, 2020 Share Posted February 3, 2020 1 hour ago, broncovet said: My attorney fees were paid by EAJA, I paid nothing what is this and how do we do that? Link to comment Share on other sites More sharing options...
awgv001 Posted February 3, 2020 Share Posted February 3, 2020 4 minutes ago, blahsaysme2u said: what is this and how do we do that? https://cck-law.com/blog/what-is-eaja/ blahsaysme2u 1 Link to comment Share on other sites More sharing options...
Moderator broncovet Posted February 3, 2020 Author Moderator Share Posted February 3, 2020 EAJA is the "equal Access to Justice Act". While I do suggest you read the link, above, to summarize: IF/when a Veteran appeals to the CAVC, most attorney's will accept EAJA fees as "full payment". In other words, they take your case at no cost to you, and, if they win or get a remand, the attorney petitions the Court for payment of EAJA fees. This does not work at the Board of Veterans Appeals, or RO appeals, such as SCL or HLR..only at the CAVC level, and (maybe) Federal Circuit. If you have a recent BVA denial, you can send it to a law firm and, if they find one or more errors they will usualy represent you for EAJA fees. If you lose at the CAVC, no attorney fees are due. IF you get a remand from the CAVC (it happens quite often), then your claim will be remanded usually to the BVA. When I hired Glover Luck, we "won" a remand, she got paid, and the claim went to the BVA where she also represented me. Here is how that went down. I signed an agreement to 20 percent of the retro. She got 6000 dollars for representing me at the CAVC level, paid by EAJA. The board, upon remand, awarded me 35,000. 20 percent of that is 7000, but EAJA already paid her 6000, so I paid 1000 for her to represent me at the Board. On my next trip to the CAVC, Chris Attig also won a remand, but he did not represent me at the Board, so I represented myself (well actually a VSO). So, even tho I will eventually get paid, I owe zero, because all my fees were paid by EAJA. Its a great deal for Vets!! Link to comment Share on other sites More sharing options...
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