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Attorney/agent fees and EAJA offset
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jamescripps2
Broncovet, In several threads on this forum I have read of your trips to the CAVC with and without attorney representation. I also read about how little you paid because of the EAJA offset that was deducted from your attorney fees. Seems like you caught a break my friend, as that was the way things were back then. As we all know, things change given time, especially things to do with anything VA. The way I see it, today that appeal would cost you $7,000 out of pocket, instead of the $1,000 that you said that you paid after the EAJA offset. Your attorney would have been paid $13,000.00 instead of the $6,000.00.
Unless I have been misinformed, and I fail to comprehend what I read, due to a recent court precedent, Ravin V McDonald, an attorney or agent can now charge reasonable EAJA fees at COVA, and then upon JMR (remand) back to the Board, receive part of the appellant's award, 20%-33% with no EAJA offset. As I understand it, the Court ruled that it was not "same work". If I am comprehending the court case correctly, the only remaining incident for the EAJA offset to occur, is if the Court actually awards the benefit and there is no remand back to the board. The link to the court case is posted below, see what you make of it.
https://www.courtlistener.com/opinion/4602146/ravinv-mcdonald/
If I don't have the facts straight I am sure that someone smarter than myself will chime in to set things straight.
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