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Remand from Court back to BVA Question


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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.

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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

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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.   

 

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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

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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.   

http://www.uscourts.cavc.gov/docket_search.php

 

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

http://www.uscourts.cavc.gov/recent_decisions.php

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:

https://www.index.va.gov/search/va/bva.jsp

 

 

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