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Pro Se Representation At Uscavc

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Sergeant G

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Hi,

My recent BVA decision granted benefits for one issue and denied benefits on another issue. I will be appealing the denial to the USCAVC in the near future. I am currently represented by DAV. They have been helpful in some ways, but I am the one who has conducted all of the research and wrote/submitted documents and evidence in support of my claims at each appellate level. I would like to represent myself pro se for the appeal. Does DAV even represent claimants at the USCAVC level? If so, do I need to revoke their POA to be considered pro se? Thanks for the information.

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  • HadIt.com Elder

What happens at CAVC is that lawyers make legal arguments about the validity of your claim. No new evidence and you don't have to be there for anything. Unless you are a VA lawyer or maybe a self-interested VSO you will be crushed. I have been there for two years with a remand to BVA and back to the CAVC. My lawyer's first brief was about 40 pages long just for the argument with pages of citations. There have been two extra briefs since then.

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I filed my appeal with the CAVC last week. This week my mailbox has been flooded with advertising material from attorneys offering to represent me (provided they think my appeal is a winner).

After giving it some thought, I think I'm going to proceed with an attorney. I called Bergmann & Moore today and they are going to evaluate my case. I believe my appeal will end up being remanded because there are at least five potential flaws that I found in the BVA decision. If I can find them, I imagine a lawyer specializing in VA law will find even more.

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  • HadIt.com Elder
I filed my appeal with the CAVC last week. This week my mailbox has been flooded with advertising material from attorneys offering to represent me (provided they think my appeal is a winner).

After giving it some thought, I think I'm going to proceed with an attorney. I called Bergmann & Moore today and they are going to evaluate my case. I believe my appeal will end up being remanded because there are at least five potential flaws that I found in the BVA decision. If I can find them, I imagine a lawyer specializing in VA law will find even more.

Sergeant G - I used B&M for my housebound claim, at the CAVC and was very pleased w/them! The Sec/VA and B&M agreed it should be remanded, prior to having an actual hearing and it was sent back. Cost me nothing. They'll get paid by the EAJA funding. I should have some results by the end of the current decade, should I live that long. ;-)

pr

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