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Reason My Poa


Berta

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got the letter:

"Since you have not fully cooperated with your state veterans counselor, the Division can not fully prosecute your claim.

The New York State Division of Veterans' Affairs has no option either than to revoke our POA for benefits effective immediately."

That was it.No other reasons or bases.

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That's beautiful. Vague enough to get the message across without implicating themselves for malpractice. Go get them. That makes me mad just thinking about it, and I don't even use a VSO. Which confirms in my mind that handling our own stuff is the right thing to do.

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  • HadIt.com Elder

Subpart G - Representation

20.600 - 20.601 - 20.602 Right to representation/ Only one representative recognized/ Representation by recognized organizations

20.603 Representation by attorneys-at-law

20.604 Representation by agents

20.605 Other persons as representative

20.606 Legal interns, law students and paralegals

20.607 Revocation of a representative's authority to act

20.608 Withdrawal of services by a representative

20.609 Payment of representative's fees in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals

20.610 Payment of representative's expenses in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals

20.611-20.699 [Reserved]

§20.608 Rule 608. Withdrawal of services by a representative.

(a) Withdrawal of services prior to certification of an appeal. A representative may withdraw services as representative in an appeal at any time prior to certification of the appeal to the Board of Veterans’ Appeals by the agency of original jurisdiction. The representative must give written notice of such withdrawal to the appellant and to the agency of original jurisdiction. The withdrawal is effective when notice of the withdrawal is received by the agency of original jurisdiction.

(b) Withdrawal of services after certification of an appeal.

(1) Applicability. The restrictions on a representative’s right to withdraw contained in this paragraph apply only to those cases in which the representative has previously agreed to act as representative in an appeal. In addition to express agreement, orally or in writing, such agreement shall be presumed if the representative makes an appearance in the case by acting on an appellant’s behalf before the Board in any way after the appellant has designated the representative as such as provided in §§20.602 through 20.605 of this part. The preceding sentence notwithstanding, an appearance in an appeal solely to notify the Board that a designation of representation has not been accepted will not be presumed to constitute such consent.

(2) Procedures. After the agency of original jurisdiction has certified an appeal to the Board of Veterans’ Appeals, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion. Good cause for such purposes is the extended illness or incapacitation of an agent admitted to practice before the Department of Veterans Affairs, an attorney-at-law, or other individual representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable Department of Veterans Affairs file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Such motions should not contain information which would violate privileged communications or which would otherwise be unethical to reveal. Such motions must be filed at the following address: Office of the Senior Deputy Vice Chairman (012), Board of Veterans’ Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. The appellant may file a response to the motion with the Board at the same address not later than 30 days following receipt of the copy of the motion and must include a signed statement certifying that a copy of the response was sent by first-class mail, postage prepaid, to the representative, setting forth the address to which the copy was mailed. (Authority: 38 U.S.C. 5901–5904, 7105(a)) (Approved by the Office of Management and Budget under control number 2900- 0085)

[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996; 65 FR 1544, Jan. 11, 2000; 69 FR 21069, Apr. 20, 2004]

Supplement Highlights references: 14(3), 62(4)

§14.633 Termination of accreditation of agents, attorneys, and representatives.

(a) Accreditation may be canceled at the request of an agent, attorney, representative, or organization.

(b) Accreditation shall be canceled at such time a determination is made that any requirement of §14.629 is no longer met by an agent, attorney, or representative.

© Accreditation shall be canceled when the General Counsel finds, by clear and convincing evidence, one of the following:

(1) Violation of or refusal to comply with the laws administered by the Department of Veterans Affairs or with the regulations governing practice before the Department of Veterans Affairs;

(2) Knowingly presenting or prosecuting a fraudulent claim against the United States, or knowingly providing false information to the United States;

(3) Demanding or accepting unlawful compensation for preparing, presenting, prosecuting, or advising or consulting, concerning a claim;

(4) Any other unlawful, unprofessional, or unethical practice. (Unlawful, unprofessional, or unethical practice shall include but not be limited to the following —deceiving, misleading or threatening a claimant or prospective claimant; neglecting to prosecute a claim for 6 months or more; failing to furnish a reasonable response within 90 days of request for evidence by the Department of Veterans Affairs, or willfully withholding an application for benefits.)

(d) Accreditation shall be canceled when the General Counsel finds an agent’s, attorney’s, or representative’s performance before the Department of Veterans Affairs demonstrates a lack of the degree of competence necessary to adequately prepare, present, and prosecute claims for veteran’s benefits.

(e) As to cancellation of accreditation under paragraphs (b), © or (d) of this section, upon receipt of information from any source indicating failure to meet the requirements of §14.629, improper conduct, or incompetence, the Regional Counsel of jurisdiction shall initiate an inquiry into the matter. If the matter involves an accredited representative of a recognized organization, this inquiry shall include contact with the representative’s organization.

(1) If the result of the inquiry does not justify further action, the Regional Counsel will close the inquiry and maintain the record for 3 years.

(2) If the result of the inquiry justifies further action, the Regional Counsel shall take the following action:

(i) As to representatives, suspend accreditation immediately and notify the representative and the representative’s organization of the suspension and of an intent to cancel accreditation. The notice to the representative will also state the reasons for the suspension and impending cancellation, and inform the representative of a right to request a hearing on the matter or to submit additional evidence within 10 working days following receipt of such notice. Such time may be extended for a reasonable period upon a showing of sufficient cause.

(ii) As to agents or attorneys, inform the General Counsel of the result of the inquiry and notify the agent or attorney of an intent to cancel accreditation. The notice will also state the reason(s) for the impending cancellation and inform the party of a right to request a hearing on the matter or to submit additional evidence within 10 working days of receipt of such notice. Such time may be extended for a reasonable period upon a showing of sufficient cause.

(iii) In the event that a hearing is not requested, the Regional Counsel shall forward the record to the General Counsel for final determination.

(f) If a hearing is requested, a hearing officer will be appointed by the Director of the regional office involved. The hearing officer shall not be from the Office of the Regional Counsel. The hearing officer will have authority to administer oaths. A member of the Regional Counsel’s office will present the evidence. The party requesting the hearing will have a right to counsel, to present evidence, and to cross-examine witnesses. Upon request of the party requesting the hearing, an appropriate Department of Veterans Affairs official designated in §2.1 of this chapter may issue subpoenas to compel the attendance of witnesses and the production of documents necessary for a fair hearing. The hearing shall be conducted in an informal manner and court rules of evidence shall not apply. Testimony shall be recorded verbatim. The hearing officer shall submit the entire hearing transcript, any pertinent records or information, and a recommended finding to the Regional Counsel within 10 working days after the close of the hearing. The Regional Counsel will immediately forward the entire record to the General Counsel for decision.

(g) The decision of the General Counsel is final. The effective date for termination of accreditation shall be the date upon which a final decision is rendered. The records of the case will be maintained in the General Counsel’s office for 3 years. (Authority: 38 U.S.C. 501(a), 5902, 5904)

[53 FR 52422, Dec. 28, 1988, as amended at 61 FR 7216, Feb. 27, 1996]

Notes:

Claimant is a veteran who states that she is disabled as a result of exposure to PCBs while stationed at Fort McCellan in Anniston, Alabama. She apparently sought the services of the [New York] State Division of Veterans Affairs (SDVA) to represent her in connection with her disability claim. The SDVA is part of the Executive Department (Executive Law, Article 17, §§ 350 - 364), and serves to coordinate the services and facilities available to members of the armed services and veterans within the State and to oversee the work of local veterans' service organizations. This Court does have jurisdiction to hear claims based on allegations that an employee of the SDVA was negligent in carrying out a ministerial duty in the course of providing services to a veteran (Di Maio v State of New York, 135 Misc 2d 1021 [Ct Cl 1987]; Di Maio v State of New York, 128 Misc 2d 101 [Ct Cl 1985] [allegations that an employee failed to forward a disability claim to the Veterans' Administration and then hid the fact]). http://72.14.253.104/search?q=cache:uJJwbq...;cd=5&gl=us

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Thanks Adora-

My complaint is based on # 1 and # 4 Sec 14.633.

Failure to prosecute my claims.(Jan 2003- Sept 2005)

Failure to properly re- establish my POA.Although I was told it was established in 2003 (actually it had been established since 1998).

Failure to show up at DRO review 2004.

When the VSM cued that review due to legal error , failure of the NYSDVA (who by then realised I was a client with their full POA)to show up or contact the DRO.

Failure in 2005 to give the DRO my IMOs (the whole purpose of the conference this CUE produced Sept 2005 )- the rep instead asked the DRO to get a VA opinion.He told me he thought he would get an award as the IMO was so strong.He must have lost the IMO.He never even brought it up to the DRO.

Failure to support my re-submission of the IMO the rep had failed to give to the DRO.

Statements with no basis in fact whatsoever that the VA rejected my Nov 2004 IMO.

The VA had never considered it.

Failure to support my remand request from the BVA based on 3 legal errors.

Taking credit for the remand AFTER it was accomplished and the files had been returned by the BVA.

Continuous statements from the Director and in emails that my IMO of Nov 2004 had been rejected by VA (no evidence of that whatsoever) and that I could expect the same treatment on my additional Aug 2006 IMO.

Failure to check the c file in Dec 2006 when VA told me the IMOs had again disappeared from the files sent back by the BVA.

Failure to exhibit knowledge of current and established VA case law and regs.

Such as telling me that when one requests a DRO review they cant send more evidence.

Intimidation of a veteran that the division asked me to help with his claim.

and so forth- there is more-

I have hard copy documentation from the NYSDVA itself of all of the above.

They revoked my POA immediately upon receipt of my response to the first VCAA letter I ever got in over 4 1/2 years.

I emailed the rep who sent me this revocation asking him to come up with something better as a reason-

as this letter is incriminating to the Division.

The date stamp I have and the info they gave me shows that they wrote and mailed this letter hours after they got my response to the VCAA letter.

It means that if a veteran or widow responds to a VCAA letter NYSDVA will revoke their POA.

I was expecting something really exciting-but

this letter only shows how incompetent they are.

Oh well- it will be my first exhibit in my complaint to the GC.

I am absolutely delighted to have the opportunity to reveal their deficiencies to the GC.

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Guest morgan

Berta, the first strong clue of incompetence that I noticed in the letter is stating that they "revoke the POA." They didn't authorize the POA, you did, so they should have simply notified that they were "withdrawing services as your representative" (as in Rule 608).

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The AmVets is famous for dropping service to a Veteran, according to my Veteran Service Officer (VSO). He works for the county and represents Vets to DAV, VFW, Amvets, etc, all of them. I personally had my representation "dropped" from the AmVets, also without a real good reason. I was, at first, very offended also. Later, after I cooled off, I decided maybe it was not such a bad thing because, let's say you are a VSO. You do a good job and word gets around and the first thing you know dozens or even hundreds of Vets want you to represent them. You know there is only 24 hours in a day and you cant effectively service them all. What do you do? "Add another cup of water to the soup", or tell some of the guests to go elsewhere? I say, rather than them FAIL at trying to serve Too many Vets at once, it is better for them to send you to another VSO, and give great service to the remaining Vets they do have. Just my opinion.

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Also, it is my opinion that being dropped from AmVets had no effect on my claim. Altho the handling of my claim deserves to be put in the RO training manual on "How not to handle a claim" as it was FUBAR nearly from the get go, it was the result of the Regional Office in Cleveland blunders, not the fault of any particular VSO or group trying to help me.

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  • HadIt.com Elder
I am absolutely delighted to have the opportunity to reveal their deficiencies to the GC.

That's the spirit Berta!! Sic 'em!!

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I just spoke to the lawyer at the OGC who will be handling my complaint.

He was very interested in the limited info I gave him-by phone as to the Revocation and some other stuff I rattled off-

and was surprised that my evidence to support this complaint comes from NYSDVA itself.

He assured me he will give this all considerable attention.

My complaint is 9 pages long- I cannot edit it down but he said to tell it like it is.

I only have to copy my exhibits and list them and it is in the mail.

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  • HadIt.com Elder

If the VA and VSO's can do this to someone with your experience and knowledge think what they do to the average, trusting spouse or vet. Horrible to think of the thousands being screwed over by these louts.

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