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Filing Answer To A Motion

Berta

Asked by Berta,

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Berta Grand Master

Berta 4,215

Posted
Posted

If anyone ever has to Respond to a Motion that their POA filed at the BVA to attempt to revoke their POA, I have a format available they can use.

I await however direction from the BVA on the format I used as there is absolutely nothing whatsoever at the BVA web site regarding this type of motion.

I used basically the same format found in Federal Rules of Civil Procedure and I believe the BVA will accept what I just sent to them.

I can add to this post if the BVA directs me differently.

There is no case or format at the BVA web site because it is highly unusual for a POA to attempt to revoke a POA after a 646 has been filed.

It appears in the very few cases that this might have occurred in

the veteran or widow never responded to the Motion filed by their POA.

Basically I challenged the letter that defines itself as a Motion in the last sentence as to 2 pieces of evidence the POA used and enclosed.

My POA filed this June 20th 2008 and probably thought I had only 30 days to respond to it because I didnt get it until this past Friday Afternoon.If they think this is the response that the OGC wants to my formal OGC complaint, they are very mistaken.

OGC already told me that whether or not I am represented by them legally -the complaint I filed still has to be addressed. :rolleyes:

I knocked down their "evidence" to the curb.

I hope my argument will cause the BVA not to even accept their motion.

The POA has been trying to revoke their POA with me since October 2007.

I sent them the specific citation regarding revocations in October to the regs -as to the way they have to do -that but apparently they didnt read the regs until June 2008 and didnt understand what the regs said.

What a Hoot this letter asking for Motion was-

for me it was one more opportunity to rattle off and attach some evicence and VA case law and regs-and to use this in support of my complaint at the OGC -if needed- as further proof that these reps don't have a clue. <_<

I mentioned this to Rick Spaturo at NVLSP the other night and he was surprised that a claimant had filed a complaint like this -and glad I took a stand.

We have enough problems as it is getting the VA to properly handle our claims-we dont need reps who act like they are omniscent God like beings-and who can say just about anything at all and get away with it-thinking we, as claimants, dont know any better.

The motto of Hadit- Knowledge is Power- is the essense of successful claims and truly is the key to dealing with the VA system.

I was just talking to the SVR radio show host and we both agree that it is deplorable that we have to practically become lawyers to deal with VA.Yet some vet reps- SURE not all-would never think of picking up and reading a VBM or even accessing the BVA or CAVC web site.

BTW all-Rick told me the new VBM has gone to press.

I get more thrilled when the VBM arrives here then I do when my small annual order to

Godiva chocolates arrives!

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