Practicing Veterans Law Part 1 @ NOSSCR
12
Presenters: Jeff Bunten & Katrina Eagle, Veterans Law Attorneys NOSSCR Fall Conference Las Vegas, NV Friday, October 10, 2014
-
Upload
katrina-eagle -
Category
Law
-
view
110 -
download
0
description
Practicing veterans law, representing veterans as part of your current law practice.
Transcript of Practicing Veterans Law Part 1 @ NOSSCR
Presenters:
Jeff Bunten & Katrina Eagle,
Veterans Law Attorneys
NOSSCR Fall Conference
Las Vegas, NV
Friday, October 10, 2014
Vote for a question
Respond to Poll
Ask a Question
NOSSCR.CNF.IO
Getting cases in the pipeline The reality all veterans and their
advocates are facing Other issues for advocate’s radar Questions???
Tackle 1-5 cases and build from there
Good work begets good work
Expect 4-5 years before a return on investment of time and $$$
Screening cases – challenging, time consuming, but necessary and rewarding
Don’t be like the VA – give the veteran an answer, even if it’s a rejection
Figure out why VA denied claim; then obtain/submit that evidence
VA is NOT like SSA
VA is NOT like VA of yore
Veterans’ appeals are “litigated” very differently from SSA cases
1. Notice of “proposed” action cannot be NOD’ed
2. Fiduciary Issues – get a court-approved POA whenever possible
3. VA is communicating with represented veterans; you ok with that??
Katrina’s Wish List for Advocates:
◦ Take charge of your veteran’s claim. Whenever possible, be pro-active, not reactive, and get ball back in VA court asap.
◦ Don’t just know why you’re submitting certain evidence to VA. Tell the VA why too! And give clear instructions as to what the VA should do in light of submitted evidence!
◦ No more vague, unclear cover letters. Still “KISS” but identify “enclosed” evidence as if C file had been dropped and need to reconstruct.
When To Contact A Competent Veterans Benefits Attorney
◦ Work / Representing Veterans at the CAVC EAJA Fees
◦ Work / Representing Veterans During VA-level Appeal MUST Be Accredited by VA – see Office of General
Counsel (OGC) in VA’s website for info Contingency Fee (20% deemed reasonable by VA) Atty is not paid til Veteran Wins and is Paid, and
ONLY 20% of retro-benefit award (debunk myth of being paid portion of all future monthly VA benefit)
Atty can choose – VA withhold atty fee or no?
◦ NOVA (National Organization of Veterans Advocates): www vetadvocates . Com
◦ Veterans Benefits Manual (produced annually by NVLSP, published by Lexis/Nexis)
◦ US CAVC: www uscourts.cavc .gov
◦ Dept of VA: www va .gov
◦ www .military .com
◦ www. VAWatchdogToday. Org
10755 Scripps Poway Parkway; # 353 San Diego, CA 92131
858 549 1561 (o) / 858 549 1167 (fax)
www. eagleveteranslaw . com
