38 C.F.R. § 14.636 - Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals
| Cite as | 38 C.F.R. § 14.636 |
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34 practice notes
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Fiduciary Activities
...a fiduciary matter before VA and a beneficiary in the fiduciary program, respectively. Regarding fees, we propose that the provisions of 38 CFR 14.636 that reference past-due benefits, use the amount of past-due benefits to calculate a permissible fee, or authorize the direct payment of fee......
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VA Claims and Appeals Modernization
...in the fee agreement is presumed to be reasonable in the absence of clear and convincing evidence to the contrary. 38 U.S.C. 5904(a)(5); 38 CFR 14.636(f); see also Scates v. Principi, 282 F.3d 1362, 1365 (Fed. Cir. 2002) (explaining that even if a fee agreement provides for a fee of 20 perc......
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Part II
...there is ambiguity in our use of the term ``unreasonable'' and will not change the rule based upon the comment. As an initial matter, 38 CFR 14.636(e) lists eight factors that VA considers when reviewing a fee agreement for They are the same factors that the Board considered under former la......
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Fiduciary Activities
...fixed or hourly fee for representation of a beneficiary ``in a fiduciary matter,'' provided that the fee meets the requirements of 38 CFR 14.636. We intended that beneficiaries would have the choice of hiring an attorney or claims agent and paying the attorney or claims agent a reasonable f......
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25 cases
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Military-Veterans Advocacy v. Sec'y of Veterans Affairs, 2019-1685
...PVA have standing to challenge all relate to supplemental claims- one of the three review lanes established by the AMA. Specifically, 38 C.F.R. § 14.636(c)(1)(i) limits when a veteran's representative may charge fees for work on supplemental claims; 38 C.F.R. § 3.2500(b) bars the filing of ......
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Military-Veterans Advocacy v. Sec'y of Veterans Affairs, 2019-1600, 2019-1680, 2019-1685, 2019-1687
...PVA have standing to challenge all relate to supplemental claims—one of the three review lanes established by the AMA. Specifically, 38 C.F.R. § 14.636(c)(1)(i) limits when a veteran's representative may charge fees for work on supplemental claims; 38 C.F.R. § 3.2500(b) bars the filing of a......
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Rosinski v. Wilkie, 17-3293
...benefits under section 5304. Additionally, the Board ruled that VA was prevented from paying attorneys fees under its own regulation, 38 C.F.R. § 14.636(h)(1), which establishes that no cash payment will be made to veterans unless there is a corresponding waiver in retirement pay. The Board......
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Ravin v. Wilkie, 16-2057
...§ 7263(c), (d). A fee "may be based on a fixed fee, hourly rate, a percentage of benefits recovered, or a combination of such bases." 38 C.F.R. § 14.636(e) (2018). One of the most prevalent arrangements is a contingency agreement that permits the Secretary to pay a fee capped at 20% of "the......
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2 provisions
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Act 102-0813, HB 5501 – AN ACT to revise the law by combining multiple enactments and making technical corrections
...States Department of Veterans Affairs, to meet the standards of conduct under 38 CFR 14.632. (5) Charge fees or expenses in violation of 38 CFR 14.636 or (Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.) (815 ILCS 505/2ZZZ) Sec. 2ZZZ 2WWW. Violations of the Educational Planning Service......
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Act 102-0386, HB 3865 – AN ACT concerning veterans
...States Department of Veterans Affairs, to meet the standards of conduct under 38 CFR 14.632. (5) Charge fees or expenses in violation of 38 CFR 14.636 or...