Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
New Donation Option Better for Us and You ×
VA Disability Claims Community Forums - Hadit.com
  • donate-banner-email-dec-2023.png

  • 0

Legal Beagle Question

Rate this question


Berta

Question

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?

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

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 by jangrin (see edit history)
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use