Does Filing Request For Reconsideration Bind Veteran

[Hoppy]

I have heard once you file a form 9 you cannot change service organizations. Does this apply to a request for reconsideration filed with new evidence?

[yoggie2]

Hoppy it seems to me I read this somewhere,lol..I fired my SO.before my appeal so I wouldn't be stuck with them through the whole process but I am pretty sure you can be stuck with them which sucks.Yog

[sharon]

(g)(1) A power of attorney may be revoked

at any time, and an attorney

may be discharged at any time. Unless

a claimant specifically indicates otherwise,

the receipt of a new power of attorney

shall constitute a revocation of

an existing power of attorney.

http://www.veteranaid.org/docs/38cfr14.631.pdf

Edited August 7, 2009 by sharon

[Berta]

I filed a I-9 with a service org- who then dumped me.

(not because I filed an I-9-but because I complained about them.)

When the BVA awarded me, their name wasn't on the award.

Still-I was told that both VA and the vet org needs a formal revocation.

I am sure Sharon is right but I have seen BVA question who the vet's actual POA was on some claims where they changed POA in process.

Prior to a claim's transfer to the BVA the RO sends a letter advising if you wish to change your POA.

[Berta]

Yes- the reg Sharon mentioned is also in 38 CFR 14.631.

Also you can limit a POA to a specific claim in many cases- expalined in this reg too-

If an appeal is certified by the VA to go to the BVA, a rep cannot withdraw the POA themselves without good cause.

I appealed to the BVA that my POA was revoked without good cause as defined in 38 CFR 14.633.I dont know what happened to that appeal - I won anyhow.And my reps never thought I would.

If you get a bad feeling right from the git go that a service rep does not seem interested in nor attentive to your claim-time to reconsider using that rep.I should have done that the day I filed my claim and walked out of there instead.

[carlie]

http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secf.doc

29. Receiving Evidence and Changes after Certification and Transfer,

d. Receiving a Change of Address After Certification and Transfer

If a change of address is received after certification or transfer, refer the claim for VACOLS input.

e. Guidelines for Changing Representation After Certification and Transfer

An appellant may submit a request for a change in representation

· within 90 days from the mailing of notice that an appeal has been certified to BVA, or

· until the date the appellate decision is made by BVA, whichever comes first.

After this time period, BVA may permit a change in representation for good cause. BVA will determine if the request to change representatives can be accepted.

f. Receiving a Change in Representation After Certification and Transfer

If notice is received of the appointment by the appellant of a new representative after certification and transfer of the appeal to BVA

· send the request for a change in representation directly to BVA, not the RO

· update the following systems to reflect the new power of attorney code:

- VACOLS

- the Beneficiary Identification Records Locator Subsystem (BIRLS)/SHARE, and

- BDN/SHARE, including the pending issue file (PIF), if necessary.

· forward the document appointing the new representative to BVA, and

· keep a photocopy for the drop file pending return of the claims folder.

Reference: For more information on receiving a change in representation after certification and transfer, see 38 CFR 20.1304.

Edited August 7, 2009 by carlie

[john999]

I think these VSO's have informal rules not to poach each other's claimants when they are on appeal. I had DAV and wanted to change to VFW because of a particular service officer. He would not take me because he said they did not take claimants after the appeal process starts. They all stink so why bother anyway? You end up doing all the work yourself if you want to win.