How does an attorney get paid for representing a Veteran before the Court of Appeals for Veterans Claims? Starting in1992, the U.S. Congress allows Veterans appellate attorneys, to receive attorney fees under the Equal Access to Justice Act. If the Veteran is successful before the CAVC in his or her appeal, the U.S. Government must pay the attorney. In order to receive an attorney fee award, the following conditions must be met:

1. The attorney must represent the Veteran before the CAVC, as a "pro bono" attorney. That means the attorney can not charge the Veteran for his or her services and must agree to represent the Veteran for no charge. Attorney Randy Zeldin, Esq. only represents Veterans before the CAVC on a "pro bono" (no charge) basis.
2. Fees are awarded to the Veteran's attorney, if the Veteran is a "prevailing party" in the appeal before the CAVC. To prevail, the Veteran must obtain a reversal or a remand of the case, due to an administrative error by the VA. It is enough to obtain a fee, if the CAVC vacates the Board of Veterans Appeal Decision and sends the case back for further administrative action.
3. The Veteran must may not have a net worth in excess of two (2) million dollars.
4. The position of the U.S. Government, through the Veterans Administration, must not have been substantially justified. In short, the VA's position must have been contrary to law or policy, given the facts of the Veteran's case.

Attorneys representing Veterans before the CAVC are compensated on an hourly basis at the rate of $125.00 per hour, plus an inflation factor based upon the CPI in the local jurisdiction.

Veterans Disability Appeal Attorney and Lawyer, Randy Zeldin, Esq. is proud to be a member of the Court of Appeals for Veterans Claims and represents Veterans in appeals throughout the 50 States. Randy Zeldin, Esq. represents all Veterans before the Court of Appeals for Veterans Claims on a pro bono (no attorney fee) basis.

Contact us online or call (561) 613-0101 today for a free and confidential consultation!