Ravin v. Wilkie
United States Court of Appeals for the Federal Circuit
31 Vet. App. 104 (2019)

- Written by Sarah Hoffman, JD
Facts
In 2009, Ira Easterling filed for total disability based on individual unemployability (TDIU). After the Department of Veterans Affairs (the VA) denied Easterling’s claim, Easterling hired attorney Sean Ravin (plaintiff) to represent Easterling in an appeal to the Board of Veterans’ Appeals (the board) (defendant). Easterling and Ravin signed a pro-bono representation agreement that stated Ravin would seek compensation under the Equal Access to Justice Act (EAJA) for representing Easterling before the board. The board vacated and remanded the VA decision and awarded Ravin EAJA fees. Ravin and Easterling subsequently signed a contingency-fee agreement for 20 percent of past-due benefits for representation before the VA. The new agreement stated that representation before the VA was not the same work as representation before the board and that EAJA fees would not offset contingency fees. The VA granted Easterling’s TDIU and awarded past-due benefits. The VA informed Ravin that the EAJA fee would offset the contingency fee. Ravin challenged the offset, but the board upheld the decision pursuant to precedent from a 2001 decision by the United States Court of Appeals for Veterans Claims. Ravin appealed.
Rule of Law
Issue
Holding and Reasoning (Toth, J.)
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