The document summarizes a presentation given by veterans law attorneys Jeff Bunten and Katrina Eagle at the NOSSCR Fall Conference in Las Vegas on October 10, 2014. The presentation covered getting cases in the pipeline for advocates, the challenges veterans and advocates currently face, and other issues for advocates to be aware of. It provided tips for advocates such as starting with 1-5 cases and giving veterans a response even if rejecting the case. The presentation also discussed differences between VA appeals and SSA cases and issues like fiduciary matters and the VA communicating directly with represented veterans.

1. Presenters:
Jeff Bunten & Katrina Eagle,
Veterans Law Attorneys
NOSSCR Fall Conference
Las Vegas, NV
Friday, October 10, 2014

2. NOSSCR.CNF.IO
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3. Getting cases in the pipeline
 The reality all veterans and their
advocates are facing
Other issues for advocate’s radar
Questions???

4.  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 $$$

5.  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

6.  VA is NOT like SSA
 VA is NOT like VA of yore
 Veterans’ appeals are “litigated” very
differently from SSA cases

7. 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??

8.  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.

9.  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?

10. ◦ 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

11.  10755 Scripps Poway Parkway; # 353
 San Diego, CA 92131
 858 549 1561 (o) / 858 549 1167 (fax)
 katrina@eagleveteranslaw.com
 www. eagleveteranslaw . com

12.  314.241.9666 (o)
 bunten077@gmail.com