⚖ Oral Arguments, with Context

The Federal Circuit hears Dojaquez v. Collins, a dispute over the calculation of attorney fees from a veteran's backdated benefits. Kenneth Dojaquez represented Phillip Poole, who was awarded a hundred-percent disability rating for a mental health condition. The benefit award covered an earlier period beginning in 2007. The dispute is whether the lawyer's twenty-percent fee should be calculated on the full award before offsets or on the smaller amount after those deductions. After proceedings at the VA and the Veterans Court, that calculation dispute is now before the Federal Circuit. Section 5904 of Title 38 limits fees paid directly by the VA under a contingent fee agreement to twenty percent of the past-due benefits awarded. Section 5304 generally prohibits awarding pension and disability compensation at the same time based on a person's own service. The distinction between the amount awarded and the amount paid is central to the discussion you will hear. John Niles represents Dojaquez. Reta Emma Bezak represents the government.

Dojaquez v. Collins (No. 25-1831) — U.S. Court of Appeals for the Federal Circuit, argued October 5, 2026.