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Berta

Question

As you know my POA revoked my POA with NYSDVA on OCt 2nd, right after receiving my response to the first legal VCAA letter I ever received from the VARO.

Following the instructions from General Counsel-I prepared a seventeen page complaint against 3 NYSDVA reps and the Director of NYSDVA and have counsiderable documentation to copy yet and attach as Exhibits and evidence.

I read something odd- 38 CFR 20,608 controls withdrawal of services by a veterans organization.I dont think they did that right.

Last summer my appeal was Certified to go to the BVA.It was remanded for further development as I had raised legal errors to the BVA and also had obtained an additional IMO.

The regs state :

38 CFR 20.608 Rule 608 (B) (2)

"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

My former POA didn't file any Motion at all.I was certified on appeal and am now on a remand.

I can prove to the OGC that my POA gave me no support whatsoever for the remand request and I did it self.

Also Ron Abrams (NVLSP) told me that was a good idea how I did it.

NVSDVA didnt want me to get that remand obviously- and I am still within the certification of the appeal that prtevents them for revoking my POA as I know they didnt file any motion with the BVA.

As the reg states "Good cause is shown on the motion". This had to be done and sent to the BVA before they sent me any letter at all revoking my POA.

I did ask the POA guy who revoked me by mail to come up with something better -actually he gave no good "cause" or reason at all for the revocation.He has not replied.

How would they even file a Motion of good cause with the BVA who remanded because NYSDVA had insisted my VCAA letter of 2007 was legal (one of their reps verified in July it was Not legal)-prejudicial error- and their (NYSDVA) position for 3 years now-that "VA medical personnel" rejected my IMO is absolutley not borne out by fact or any documentation at the VA at all.

Am I reading this 38 CFR 20.608 Rule 608 reg correctly? Any thoughts?

Any thoughts?

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  • HadIt.com Elder

Yup, Berta, you read it right.

For some strange reason, I was just reading the same thing a couple days ago.

I've been around AND around with the VSO's, trying to come up with someone that knows enough to come in outta the rain. And, someone that will at least, 50% of the time, return my 'phone calls.

I have finally determined that the VVA really DOES have my POA.....so, I guess I'm stuck with them (tried the DAV, the AL, heck I'm a member of the JWV and I even tried them, along with the Texas Veterans Commission.....) So, if it's the VVA, hey, dats okay........

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Thank you! sometimes I think I read something and am going nuts-

also it states:

"failure of the appellant to cooperate with proper preparation and presentation of the appeal" as one reason they could revoke

and the funny thing is this- I talk to Ron Abrams from NVLSP from time to time. The VBM is dedicated to ALL veterans advocates. NVLSP even provides the initial training of my POA-NYSDVA.

When I called him last year about how I got the fast remand he also asked me how I prepared my appeal and I said Ron- I followed your advise (meaning the VBM) step by step.

And I also said the VA should change the I-9 because a vet or widow HAS to get the strongest points right on Page one- in case they dont read the rest of the attachments but the VA I-9 gives ,limited space for what NVLSP suggests so I told him how I got it all on the form.

I have what I mean here under a search for Preparing the I-9.

Therefore I prepared my appeal in the format that the very people who train my POAs (NVLSP) suggest so tney cannot file a motion on that.

( I am sure this revocation was illegal and now I realise why the attorney at the OGC seemed very interested in how it all went down and wanted a detailed complaint.

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  • HadIt.com Elder

I think you just make them look bad and they want you out of their hair so they can continue to make deals under the table with the VA. This kind of reminds me of union politics. The union people and management always keep their jobs and benefits while they are glad to sell out those they are supposed to represent.

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Berta,

Yes, going by that reg they had no legal action of good cause - plus they negated to file the motion to dispose of being your representative.

Is there legal recourse you can initiate for that ?

carlie

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Is there legal recourse you can initiate for that

Yes- I talked to an attorney at the General Counsel's Office and he told me to send him the complaint under Sec 14.633 of 38 USC.

17 pages long-I just have to copy my Exhibits-about 15 and then mail it to him on Tuesday.

I asked him also if the OGC investigation would prevent me from filing a state court action. He didnt think so but this is something I have to talk to my lawyer about.

I have not lost my claim yet-so I have no damages -just 4,000 bucks of IMOs they didnt handle correctly and hundreds in prioity mailing fees.

These are not damages yet because I have not been denied again-my claims are with a DRO.Maybe they are damages---- I havent called my lawyer yet.

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Amazing that they would say that YOU didn't cooperate in processing your claim. I am sure that you can show them that is not the case.

This is some serious stuff though - because the Vets count on them to represent them. And in this case it seems like more than just laziness or neglect, but outright interference with your claim - and working against your claim.

Even if the Vet Rep decided he didn't like you, etc... the moment he recognized it was interfering with his ability to DO HIS JOB - he should have either:

1. Grown up and acted professional.

or

2. Asked that your case be assigned to someone else.

I think in most civil cases you don't have to have HUGE financial damages. As long as you have SOME TYPE of loss or damage - then punative awards can kick in.

Free

Is there legal recourse you can initiate for that

Yes- I talked to an attorney at the General Counsel's Office and he told me to send him the complaint under Sec 14.633 of 38 USC.

17 pages long-I just have to copy my Exhibits-about 15 and then mail it to him on Tuesday.

I asked him also if the OGC investigation would prevent me from filing a state court action. He didnt think so but this is something I have to talk to my lawyer about.

I have not lost my claim yet-so I have no damages -just 4,000 bucks of IMOs they didnt handle correctly and hundreds in prioity mailing fees.

These are not damages yet because I have not been denied again-my claims are with a DRO.Maybe they are damages---- I havent called my lawyer yet.

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