Just Want To Share This - Especially For Claimants

[carlie]

Here I sit going thru more VAola and I'm having a hard time

wrapping my head around this one.

When you start wondering why everything seems so screwed up

with VA - I hope you will remember this.

This is just one little correspondence from BVA

that has me livid for now.

dated Feb 26,2005

This is just the cover letter page:

"This is in further reference to the appeal you have filed from our decision

on your claim for benefits.

It is not a decision on the appeal you have initiated.

It is a Supplemental Statement of the Case which contains changes or additions

to the original Statement of the Case sent to you on June 17, 2002 and August 12,2003.

A previous Supplemental Statement of the Case was sent on August 12,2003.

We are giving you a period of 60 days to make any comments you wish

concerning the additional information.

OK now - lets recap this,

It is a SSOC dated Feb 26,2005

the original SOC was sent June 17, 2002

followed by another SSOC Aug 12, 2003

How in the hell are we even supposed to understand what the heck

they have done and respond in 60 days.

BTW, this claim was filed around 1999,

right now it's at BVA - BUT - Remanded to the AMC - BUT Remanded to the RO.

I am drowning in their feces.

carlie

[john999]

VAF

I did not know that you must have filed the "initial" NOD before June 2007. You are saying that any existing claim before 2007 on which prior NODs were filed are dead to lawyers at BVA or RO. I thought that if you got a NOD after June 2007 even on existing or old claims you could hire a lawyer. Can you point out that regulation and give us the wording. I believe you. but I just want to see it if you don't mind.

[vaf]

If you filed an initial NOD at the VARO prior to June 2007, you could hire a lawyer to represent you at that level only if that lawyer was willing to accept no more than $10 to represent you (or represented you at no charge). If your appeal reached the Court, that was a different story. This was a leftover law from the Civil War Era, which Congress subsequently changed, but did not grandfather.

After June 2007 (I think it's the 20th or 21st of June 2007), the veteran can get legal representation after the first NOD at the VARO.

Someone chime in and correct me if I'm wrong, but that's my understanding.

[Shark]

He is correct, if you filed a NOD before June 21, 2007 you cannot get an attorney to represent you until you go past BVA I believe. Here is the regulation http://www.govtrack.us/congress/billtext.xpd?bill=s109-3421

[carlie]

vaf,

Thanks for the info.

I got notice from BVA about 6 weeks ago that my BVA Judge has retired

and I am entitled to have ANOTHER BVA Hearing with the Judge that is now

appointed to my claim.

Is that an extra kick in the pant's or what .... lol

carlie

[Notorious Kelly]

time to quit being patient losing at their game and TAKE IT TO THE STREETS!!!

[carlie]

Kelly,

VA already has me on record as,

"stalking ENT physician with a loaded weapon on Federal property".

carlie