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If Your Poa Revokes


Berta

Question

This might help someone out there.

If you have a claim that has been Certified to the BVA, your POA cannot revoke Power of Attorney with you unless they fully comply with 38 CFR 20.608.

Meaning they must file a Motion at the BVA, with a copy to you, stating why they are taking this action.

The BVA can grant or deny the Motion.

Why this is important to know is that- if you are at the BVA or you are on a remand that could also mean your claim is again sent back to the BVA_ whether the BVA grants your claim ot not-if your POA as revoked POA with you after the appeal had been certified (in my case that was in Jan 2006) the POA Rule 608 issue has to be resolved first- adding aditional time for ANOTHER remand back to the RO to establish if the POA is in effect or if the POA had been revoked illegally.

In other words- in my situation-I have raised this issue to the OGC in a complaint involving 4 1/2 years of inadequate representation by my POA who revoked their holding of that last week.

Had I failed to do that and then obtained another POA or chose not too-

still- if the RO again denied my AO claim and sent it back to the BVA-whether the BVA granted or not ---I would have to wait out another remand back to the RO to resolve the POA revocation issue.

It seems that at every point, my POA has deliberately added needless delays to my AO claim and it was my response to the first legal VCAA letter I ever got that caused some nit wit to go trigger happy and type and mail this revocation letter to me-in non complance with Rule 608.

WHY do we claimants have to practically become lawyers ourselves to get not only the VA to properly decide our claims- but to even get our service org represenatives to do their jobs.

I think my problems lately will give new impetus to Congressman Filner to propose my amendment to the VCAA.

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