Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Remand from Court back to BVA Question


I was denied at the BVA. Hired an attorney, and the Veteran's Court has remanded my case back to the BVA. What do I have to look forward to? The Attorney wants to continue representing me at the BVA and RO, for 20% of backpay which could be substantial and I have no problem with. Advice appreciated.

Edited by capitan
Link to post
Share on other sites
  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

I did it BOTH ways: 1.  I got a remand (from CAVC)  with a law firm who ALSO represented me at the BVA.  The attorney asked for EAJA fees from the court and got them.  Those were deducted from th

Recommended Posts

  • 0
  • Moderator

I did it BOTH ways:

1.  I got a remand (from CAVC)  with a law firm who ALSO represented me at the BVA.  The attorney asked for EAJA fees from the court and got them.  Those were deducted from the 20 percent I paid.  Here are the numbers:  I owed the attorney 7000.  They received 6000 from EAJA.  

I paid 1000 dollars to the attorney.  

2.  I also got a remand and (a different attorney) DECLINED to represent me at the BOARD.  Ok, I will tell you why.  He thought I was smart enough to represent myself, (at the Board), AND, he has a market niche where he does not "do BVA" cases.  (He sticks to cavc or above).  In this instance, the attorney got paid out of EAJA fees, again, and I took my attorney's advice and got an IMO..from a person he gave me the name of.  The IMO did the trick, and I won at the Board my EED.   I paid zero fees.  


      On the issue of "whether or not" you should have an attorney at the BVA in my opinion "turns" on what your levels of confidence on these things are:

1.   Are you organized enough to keep your documents and know where they are?

2.  Do you have the research skills to search case law and interpret it?  

3.  Are you healthy enough to "wait it out"?  

4 .  Are you persistent enough to keep fighting until you win? 

      "If" you meet the criteria, above, you can probably represent yourself at the BVA.  But, if you are disorganized, dont have research skills, are very sick, or not persistent, then hire a professional to fill in those gaps for you.   


Edited by broncovet
  • Like 1
Link to post
Share on other sites
  • 0

Broncovet, Let me get this straight, correct me if I'm wrong. My attorney just got a remand for me at CAVC. Now that my case is out of that Court, he wants to represent me back at the BVA and RO. For 20%. Did he receive pay from EAJA, and not me, at EAJA? Now he wants to start a new agreement for 20%, is that a one time fee from whatever is awarded me, including backpay? It's been close to 7 years. Got any idea how long it will be? i don't mind the 20%. Service connection is the most important thing to me. He told me a remand at the CAVC means they admit they made the wrong decision. I hope they're right. Don't I have the right to know why the Court remanded it. and why the original BVA decision was a denial. And what the attorney's plan is for a grant this time? Thanks

Edited by capitan
Link to post
Share on other sites
  • 0

If you have your docker number, you can look it up yourself depending on how long ago was the CAVC remand decision.  My attorney won my remand several years ago and I have been fighting VA for the correct rating since they got the effective date corrected.  I received several retro payments but not for the entire time of my appeal so hopefully this all will be resolved soon, and I can move on with no further battles. The EAJA paid for my attorney fees and all my benefits came directly to me but unfortunately, VA has been screwing my rating percentage up. Once your claim goes back to BVA they will have to decide if they will grant your claim, then  it will still have to be remanded back to the local VARO for rating purposes. This is a good thing, but it will still take some time, and no one knows what VA will or will not do. As Bronco stated above, you do not need a lawyer for BVA. In my experience it may be a little faster but so far, I am fighting through, it just takes a little longer. Now with the AMA it may be a little faster but who knows. 

Here is the CAVC decision search site.   



Link to post
Share on other sites
  • 0
  • HadIt.com Elder

It might be one of the recent 16 CAVC decisions here:


You said:

"Don't I have the right to know why the Court remanded it. and why the original BVA decision was a denial. And what the attorney's plan is for a grant this time? Thanks"

Yes you do have the right to know why- Since the attorney has the remand ,you should have received it as well

Do you have the original BVA decision? That too can be found by Docket # at the BVA search feature:




Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines