ptsd Need Some Quick Advice About Bva Motion For Reconsideration Granted

[dav_marine72]

Hi Everyone,

I currently have a case at the U.S. court of Appeals for Veterans Claims. It's almost to the point where my lawyer gets my c-file (waited six months). She called me today all freaked out. After I got my decision from the BVA which basically didn't consider a ton of evidence I called my SO American Legion. They said there was nothing they could do and all I could do was move on to the Court and file a BVA motion for re-consideration. They said that the motion for re-consideration was hardly ever granted.

Well today my lawyer found out it was granted and they want the case back. She got all pissed at me because I forgot to tell her I did this. Well I never expected a reply. Anyway she and my wife want me to send a letter to the BVA stating I am withdrawing my motion for reconsideration and that I want the case heard at the court.

Now I do feel more comfortable with a lawyer but I do understand if this goes back to the BVA and they rate correctly she doesn't get any money. On the flip side this could be more PTSD training by the BVA and I wait forever and they give me nothing.

Has anyone ever been in this position? is it true that the BVA doesn't reconsider often or is this just a formality? I need to overnight my letter within a couple of hours at the latest.

Thanks.

[vaf]

If your Board reconsideration fails to meet your expectations, and you then decide to appeal to the CAVC, and your current attorney decides to disengage for whatever reasons, you will be contacted by a number of others who will be glad to represent you. Please come back here first before making a decision on new representation, should that become necessary. A few of us have opinions who is good and who is to be avoided like the plague.

[dav_marine72]

Thanks Vaf, halos2,

I just left a message for my attorney telling her I wanted to go back to the board. I'm sure she will have an attitude tomorrow with me.

[Berta]

I am assuming she did not represent you at the board-and a vet org did

?

but I know-when people pressure you for anything--they are usually looking out for their own interests and not yours-

[dav_marine72]

Berta,

No American Legion represented me at the board. I know she is only thinking of herself. Why would we not go back? The way I see it I get three more people at the BVA to look at my case and then if need be the AMC looks at it to. With her just AMC looks at it?

What I need to find out today is where is the letter stating the BVA wants my case back is. I don't want my attorney somehow screwing me on this.

[Berta]

What gets me is this too-

and I love lawyers and some of my friends are lawyers-

Still- it is beneficial for a poorly intentioned lawyer to string out our claims- to allow the retro to build-

when a favorable decision could possibly be made faster-

I guess I mean -say I am a lawyer and you are looking at EED back to 2006 date of claim.You obtained me when you filed the NOD in July 2007.

Your evidence is great.

would it be more financially beneficial to me to

allow the VA to deny without full benefit of my input-

and then even at the BVA knowing the claim would succeed eventually at the CAVC?

By then 20% would be higher than it was in July 2007-

I sure dont think all lawyers feel this way and this would be unethical if a vet could prove a lawyer did this-

still-one must be VERY careful in the lawyer they obtain-

99% of them are probably great-

the 1% can cost vets lots of money.

[vaf]

If your attorney cops an attitude with you, remind her that you're the customer, she's not your customer. Rudeness and attitude is never a good sign of great things to come, it normally goes downhill from there. I don't like paying to be treated badly, I can get that for free...