Frequently Asked Questions

What is the Bodger Law Practice's compensation structure? 

When practicing before the VA, the Bodger Law Practice uses a contingency fee agreement. This means that the BLP will only be paid if you win your case. Practice before the CAVC requires separate agreement, which includes application of the EAJA fee system. 


  • If your claim is granted at the agency level, you will receive compensation that is retroactive to the date you filed your original claim.  From this lump sum payment, the VA will deduct a percent of this lump sum (no more than 20 percent) for the payment of legal fees.  If the case is unsuccessful, the BLP is not entitled to recover a fee.
  • If you appeal to the Court of Appeals for Veterans Claims, and I am successful in your appeal, I will petition the CAVC for Equal Access to Justice Act (EAJA) fees. EAJA fees will pay for my time in working on your appeal. The payment of those fees has no effect on any award or past-due benefits you may receive. If I am unsuccessful in obtaining a favorable decision, I will not recover a fee. 


What do you do if the Regional Office denied your claim?

If the Regional Office denies your claim for benefits, you have the right to appeal the decision to the Board of Veterans' Appeals.   Currently, you can initiate an appeal by filing a Notice of Disagreement (NOD). However, once the VA's Appeals Improvement and Modernization Act of 2017 becomes effective, you will need to determine to appeal by opting into the Higher Level Review, Supplemental Claim, or BVA appeals lanes. 

 

How will I assist you in representing your claim before the VA?

I am familiar with the VA claims process and can assist you in proving your claim.  I am a former Board of Veterans' Appeals attorney and worked on countless VA claims.  I can quickly analyze your case and determine what evidence is missing, what duties the VA owes to you, and whether the VA has made procedural or substantive errors.  Wading your way through the VA claims process can be confusing and overwhelming.  I can explain the process and work with you to obtain the highest level of benefits you are entitled to. 

 

What do you do if the Board of Veterans' Appeals denies your claim?  

If the Board recently denied your claim for VA benefits, your case does not have to be over.  You have the right to appeal the Board's decision to the U.S. Court of Appeals for Veterans Claims, a special court for veterans and their families, within 120 days of the adverse decision. The CAVC is a separate, independent body. It is NOT part of the VA. In order to continue your benefit claim, you will have to file a separate appeal to that Court. You can also file a supplemental claim and submit new and relevant evidence to the Regional Office within a year of that denial to keep this matter alive. 

 

How will I assist you in representing your appeal before the United States Court of Appeals for Veterans Claims (CAVC)?

Because the CAVC is not part of the VA, the process for evaluating your claim is different.  While you claim was pending within the VA, the process of non-adversarial, which meant that the VA had a duty to assist you in developing and proving your claim.  However, once your claim reaches the CAVC, the process becomes adversarial and the VA Office of General Counsel will defend the Board's decision.  As a former Board of Appeals for Veterans' Claims attorney, I am extremely familiar with veterans law and VA procedure.  As your attorney, you will have the benefit of someone who knows VA law and procedure arguing on your behalf.  

 
 

Can the BLP handle your case if you don't live near our office and/or live outside of Nevada? 

Yes.  Personal appearances before the VA are not required.  I am a certified VA attorney and can represent veterans and their families anywhere in the country. 



This website and the contents contained therein have been prepared solely for informational purposes. The contents of this website are not to be considered legal advice. Neither this website, nor access to or receipt of this information, is intended to create or constitute a lawyer/client relationship. This website is not intended as a substitute for legal counsel. No one should act upon any information contained in this website without seeking legal counsel.