Revoking Poa While Claim Is At Bva

[free_spirit_etc]

I appointed a VSO at the time of my hearing. The hearing was awful. I felt comfortable with the judge. But the VSO treated me like an idiot. I know I should have fired the VSO immediately. But I did not.

We were granted 3 months, until December 3, to provide additional evidence in support of my claim. The VSO had told me to obtain copies of my husband's military personnel files. I have now done that. I also hoped he might actually read my claim in the interim.

I called the VSO today to inform him I had received the files he had requested I obtain and to see where we stood on my case. He told me that he had submitted everything to the judge already and that it was DONE. He said he had already done what he needed to do on my claim.

I asked him what he submitted, and he said he wouldn't know that without looking at the file -- and he couldn't "jump around like that."

I asked him to send me a copy of what he sent to the judge and he told me he is NOT REQUIRED to send me anything. He was very curt and told me if I want copies of what he submitted I have to contact my Regional Office and get them from them.

I want to revoke his POA IMMEDIATELY -- and so I will fax a revocation to the BVA. Should I be specific as to why? Or just state I want to revoke his POA?

I hope he didn't hurt my case really bad by arguing against my claim. I don't know why he refuses to send me a copy of what he submitted. I don't know if that is because he submitted something he knows I wouldn't like, or if he actually has no idea what is going on with my claim, didn't want to bother to look before he returned my call -- and just told me he submitted everything without even checking - and felt like he was put on the spot when I asked for a copy.

OMG! I was shaking when I got off the phone!!!

Edited November 6, 2013 by free_spirit_etc

[free_spirit_etc]

Ketchup,

I already had my hearing September 3. We were granted 3 months to submit additional evidence. But my case has already been heard. I have no idea why he asked me to obtain my husband's military personnel records, and then submitted his argument before I received those. And I am concerned that he was so snarky when I asked for a copy of what he submitted, and told me he isn't required to send me a copy, and that I will have to request a copy from the Regional Office. But I want to make sure he doesn't do anything to damage my claim, if he hasn't already done so.

[infantry10]

Free, I hate to hear you were done like that. I don't blame you, I would have fired him too!

[Navy04]

Free,

I know how you feel. I have a VSO in my County that is very nice, and always positive. Problem is he makes everything sound so good and does not mail or submit everything I ask him to do, cause he says " You will be fine, but if you want me to submit it so you can sleep at night I will". I get so aggravated, he retired from the AF after 30 years, with a 10% SC for Tinnitus and never went to Combat or War. What does he know about what we been through. God Bless you and keep us updated.

[MartyL16]

Actually made some progress with tracking down the AL "chain of command". I actually spoke with Verna Jones in Washington DC and she passed me to a staff member who told me that in some states the American Legion VSOs are state employees and don't answer to Washington but to the Director in their state. That is the way it is here in AZ.

So you need to find out first, who does your VSO answer to, then go from there.

How did I get to Verna Jones? Hard to believe but I called the 800 Customer Service # in Washington DC and got her the 2nd day. She was nice to talk with but very quick to respond to me that she had no power to control the VSOs.

[63SIERRA]

FREE trust your gut instincts. If u dont feel completely comfy and confident, get rid of them. From what I have seen, not only would I not promote my vso going to appellate review with me, I would not allow it. If they turn down my re opened cases, first im going to request a detailed description from my vso on exactly what they did from the time my case was first denied, and then the second time it was denied, then once I have that, I will get rid of them.

Think of this.... If evidence is submitted, but in the wrong context, with no effectiveness, you have shot a dummy round,. the va will say it was already submitted so u cant re submit that evidence again. Timing is very important. what im seeing is the DAV seems to like to use a " hold your cards " approach. They dont want u to submit all of the evidence at once. They want to start a process of negotiating, instead of going for a flat out win, by overwhelming the va with evidence. what could it possibly hurt, to send in all the evidence that can help your case. Its like the dav wants to put out the low cards first, then ok, now we will throw a queen on the table, since we lost. Ok now we will negitiate, and hold that king in reserve, in case we need to to to appelate review/ /

THAT IS NOT HOW YOU WIN ANYTHING. you dont trade small arms fire, when u have a m1 abrams tank in your line, that can blow the enemy to smitherenes, and the rounds are free.. It doesnt cost anything to submit evidence.

They just seem to want to play middleman, and play both sides of the field,. I want someone who is on my team, 100 percent all the time , every time, and wants to pound them like B 52s.

The fact that these service orgs will not keep u in the loop, and are very tight lipped abt the specifics of thier internal processes, worrys me. this is my opinion based on personal experience.

Also in all fairness, Ameican Legions didnt do anything for me either several years back.

Edited December 1, 2013 by 63SIERRA

[63SIERRA]

Ketchup,

I already had my hearing September 3. We were granted 3 months to submit additional evidence. But my case has already been heard. I have no idea why he asked me to obtain my husband's military personnel records, and then submitted his argument before I received those. And I am concerned that he was so snarky when I asked for a copy of what he submitted, and told me he isn't required to send me a copy, and that I will have to request a copy from the Regional Office. But I want to make sure he doesn't do anything to damage my claim, if he hasn't already done so.

if they dont have anything to hide, it should not offend them. If someone asked me specifics when I was fixing thier appliance a or a/c, I would alwaysd take it as either they were curious, or just wanted to know, and that didnt offend me, why because I always had good intentions, was honest, competent and fair, I had nothing to hide, like a glass window, transparent. Once I explained in laymans terms what I found wrong ,what I planned to do to rectlfy it, the customer was at ease, and very happy and confident in me. The fact that these service officers act like they are ther secret service, and wont tell u anything worth anything, doesnt help me gain confidence in them. are they too busy to explain,? are they told not to explain? do they not know and thats why they wont explain anything? are they afraid im a spy, so they must obsec and keep me in the dark? wtf is it?