BVA LOSS/HEADED TO THE CAVC

[ShrekTheTank]

I felt the need to post this as I have felt very beat down from the BVA after my loss.  I tried to read the entire things, but I just could not get into it.  Anyways I got a letter yesterday from the VFW about Bergmann and Moore wanting to take my PTSD case.  

I was very supprised to hear this as I had already been to the BVA 3 times and the CAVC once.  Looks like we are headed back for round two.

After talking to the lawyer this morning they are very confident they are going to get an earlier EED and a higher rating as the BVA disregarded evidence that had been submited.  

I am reendergized again and ready for a new fight!  

Keep in the fight everyone!

[brokensoldier244th]

That sounds great, Shrek, but, being a lawyer, aren't they paid to sound enthusiastic?  When I had to appeal something awhile back mine sure did, for all the good that it did. I ended up doing it myself. 

[ShrekTheTank]

What he told me made sense, so we will see what they can do.  I mean this is free for me so, I might as well let them do it.  

[brokensoldier244th]

Oh absolutely! Good luck and hopefully smooth-ish sailing.

[blahsaysme2u]

hey man im rooting for you! im sorry things have been going poorly but keep your head up...dont stress..
setbacks happen- but giving up - thats 100% lost

"you miss 100% of the shots you don't take" -wayne gretzky

-Michael Scott

[broncovet]

You probably know this, but (I got your back, just in case):

CAVC appeals pretty much always are paid by EAJA, not the Veteran.  This is huge, and can save you Thousands in attorney fees.  When/if an attorney "wins" a remand from the CAVC, then the attorney needs to turn his/her hours into CAVC to apply for EAJA fees.  (You want to insist on this..no sense paying fees, when EAJA will)

Now, here is my senario, which may well apply to you:

   I appealed (pro se) at the BVA and lost.  So, Hired an attorney to represent me at the CAVC.  (I did this twice on different issues)

   At the CAVC my attorney "won" (Chris Attig) a remand.  Chris told me "he does not do law at the BVA", and did not/would not represent me (upon the remand) at the BVA. (I WON AT THE BVA)   Attorney fees..EAJA paid 100 percent.  Chris said I needed an IMO from a Voc rehab specialist, and I did so, and that I could represent myself (or use VSO).  Since EAJA paid the fees at the cavc, and, since I went pro se at the board (upon remand), I owed nothing for fees.  

    On a different "trip" to the CAVC, it went a bit differently.  Again, denied by BVA, and hired another attorney, Julie Glover at Glover Luck.  Again, my attorney won a remand to the BVA.  This time, however, Ms. Glover represented me at the BVA, and I won at the BVA.  THE ATTORNEY FEES,  however, came out a little differently.  The attorney, after remand

from CAVC applied for and got EAJA fees.  BUT she also represented me at the BVA.  (EAJA does not cover BVA attorney fees, these are generally covered by the Veteran).  

    Also, the attorney "can not" collect from both the Veteran "and" double dip and collect also from EAJA.  So, I had signed a 20 percent fee agreement.  The amount paid "from EAJA" was deducted from my 20 percent fee.  In this case I wound up paying about $1000, which was the 20 percent minus EAJA fees already paid.  

    Its a good idea to discuss with your attorney:

1.  The attorney needs to collect EAJA fees with the CAVC remand win.  

2.  Will the attorney continue to represent you at the Board, after a remand, or do you plan or pro se?  

      You dont want to get crossways from the attorney, so get and understanding before so you know what to expect.  

As always, just my opinion, but I like the idea of saving you thousands by addressing this.  

Edited April 19, 2023 by broncovet

[pacmanx1]

While this is good news. Just keep in mind what your lawyer will do at the CAVC. Lawyers tends to go for a joint remand, an agreement with the VA lawyers and point out the evidence and or records that the BVA failed to review, consider and address. The BVA just can’t make a simple statement about your evidence without explaining how they made their decision, without giving the veteran a clear analysis and understanding. So, even though it will be free, the most that lawyers do at the CAVC is to get a joint remand and have the BVA take another shot at it. 

The BVA has been sitting on my joint remand for over sixty (60) days and the VLA has been reviewing it for over thirty (30) days. Since it was a joint remand where both my attorney and the VA attorney made their agreement. I really cannot figure out what is taking the judge so long.