What percentage of cases do you win?
Because every case is unique, it is considered unethical for any lawyer to say that he or she wins a certain percentage of their cases. Giving a “winning percentage” could mislead a client into thinking their case will succeed when it might not. When the case is still before the VA itself, we create a plan for gathering evidence and information and presenting argument that we believe will give our clients the best chance of establishing entitlement to the benefits they seek. During the course of a case, we often represent veterans at the US Court of Appeals for Veterans Claims. The Court almost never grants benefits, making it difficult to talk about “winning” cases at the Court. What we usually seek to accomplish at the Court is to get the case sent back to the VA for the agency to reconsider the award of benefits. So, when lawyers say they win a high percentage of their cases at the Court, what they mean is that they have a high percentage of cases that are sent back to the VA to be “redone”, rather than “lost”. Since we only choose to represent clients where we find errors in the BVA decision, the vast majority of our cases have historically been “sent back.”