Legal Beagle Question

[Berta]

It is my understanding that lawyers can only be hired after a NOD has been filed.

Also the VCAA states that a legal VCAA notice -specific to the claimed disability as well as the response elction form will be sent out to the claimant PRIOR to the initial denial--

yeah right-

In my letter to Senator Schumer I am asking him to propose an amendment to 38 USC -Part IV, Chap 51, SubChap 1, Section 5103-

aka the VCAA as follows (still trying to word it better)

Upon receipt of a VCAA letter or notice that is not highlighted as to a statement specific to the veteran or widow's claim, clearly identifying exactly what the claimant needs as defined within Kent V Nicholson as to a "unique character of evidence", which the claimant can attempt to obtain and send to the VA, and/or upon lack of receipt of a VCAA Response/Election form, the veteran's representative, agent, or attorney can file claim of prejudicial error citing Kent V. Nicholson,20 Vet App 1 (2006) and request that proper VCAA letter or Notice required as within Kent and/or VCAA Election form be sent to the claimant with copy to the representative within 60 days.

My question-should I leave "attorney" out?

The VCAA should come before the initial denial and thus before the NOD is filed-

(the whole purpose of the VCAA)

anyone see what I mean- maybe I could just say agent and/or representative?

[Guest jangrin]

Berta,

It's good--- but don't forget to list the "claimant" first.

---- Veteran (claimant), Veteran's Representative, Agent, Attorney---

Actually, listing attorney, may be redundant. Since an attorney is an agent, and rep.

Jangrin

Edited May 20, 2007 by jangrin

[Berta]

YES!!!! of course DUH!!!!!!!

THANKS Jangrin

It really ticks me off to read the VCAA regs and know that our SOs and vet reps get copies of what we get- and they know right away -if the VCAA letter we got is illegal.

I actually sent the director of my POA the VCAA regs because he didnt know what a real VCAA letter was.

I am using as evidence to support this request from Sen Schumer- the entire BVA Chairman's report of 2006, the BVA web site itself, and also a gripe about how I almost became part of the backlog due to VCAA violation.

I havent gotten a legal VCAA letter in over 4 years.

I am sending Sen Schumer what I got and what I should have gotten.

From the Buffalo VARO- whose director just got bonus of $10,000-in the RO offices -steps away from Senator Schumer's Buffalo Senate office ----in the same building.

[Hoppy]

Berta,

Outside of VA circles I have seen where the use of representitive is inclusive of attorney. Thus it could be redundant.