Travelboard Judge Decision

[Steppenwolf]

Turned down again. DAV tells me that i have 120 days to ask for reconsideration. i don't see anything in the envelope that says that.

Too many points to rehash but key missing VAMC files are mentioned as found. I have not seen them in 40 years. Who do I ask for copies?

[Steppenwolf]

I had a BVA Traveling judge hearing 5 months ago, and I am still waiting. You are not going to get your decision right away. What your lawyer might be able to do for you is to shape your appeal so that if you fail at BVA you can win at court of veteran appeals. This is the value of a lawyer I think. What you want from your lawyer is help in not making some fatal error in your claim. The lawyer may not be able to win an impossible case, but he can win the ones that are on the borderline, or the ones the VA has decided they are going to stonewall.

John, The judge made her decision and i received it March 7th. The lawyer asked me to send him a copy of the decision. After looking at it he said the one of the issue clear had benefit of the doubt. The judge seemed to think not. i have until June 7th to reply to the court of appeals and unless i'm reading the instructions wrong; to reply to one of these:

1 Appeal to the US Court of Appeals for Vet Claims

2 File with the board a motion for reconsideration of this decision

3 File with the board a motion to vacate this decision

4 File with the board a motion for revision of this decision based on clear and unmistakable error.

"Although it would not affect this BVA decision, you may chose also:

5 Reopen your claim at the local VA office by submitting new and material evidence." <---why i would want to this is a mystery.

i really have no clear understand of which one of these choices would best serve me.

My POA's over the years have not necessarily known the best and right thing to do. Most non VA attorneys don't have a clue.

Maybe i should cut and paste this question in it's own post?

[Steppenwolf]

I would look for a Viet Nam Veterans of America, our own in house VSO Larry or PVA I think they will at least listen to you.

The American Legion is pretty much a joke and you are lucky to be done with them. Sorry if I am stepping on toes but that is how I feel about that.

Pete, what does "in house VSO" mean and is PVA a person or something else?

[Steppenwolf]

Pete53

Years ago when I went to Houston for one of my claims I made the mistake of being represented by the American Legion. I was called by the American Legion rep in Houston to be there about 1 1/2 hrs. before the hearing. It was 200 miles one way to Houston. I show up and unknown to me at the time the rep passed by on his way to lunch. I sat there with my wife waiting and waiting and the rep comes back from lunch and made me wait till about 5 minutes before the hearing to go over my claim. Needless to say it was the first and last time I dealt with the American Legion. They may be great, but at the Houston office at that time they were not very good. I lost my claim.

68mustang

At my first hearing the AL POA who had been handling my case and who spoke with me over the phone several times before the hearing, and who were always very supportive and encouraging; turned against me when they saw me. They didn't like the way that i looked. In fact the rep i had been dealing with told me to go to Walgreens and buy a hair clipper and razor before the hearing. i wasn't going to change who i was to satisfy his dislike of "hippies". When it was my turn to go into the hearing my guy suddenly got sick and someone else came in with me. The rep i had kept saying things that had nothing to do with my case. And so it goes....

[carlie]

Pete, what does "in house VSO" mean and is PVA a person or something else?

Steppen,

Pete was referring to,

our own in house VSO Larry (in house is referring to a Hadit member named Larry)

or PVA

Paralyzed Veterans of America (i think).

carlie

[john999]

Stepp

If you have a decent lawyer representing you he/she is supposed to decide what you should do next. That is what they get paid to do. Is your lawyer your POA. You need one of the lawyers from the list that was posted recently. You sure as heck can't go to vet's court without a good lawyer or you will lose.

[Pete53]

I apologize and I hope that I have not offened Larry but he is a fully certified Veterans Service Officer with an office and fax and telephone at VAMC Dallas. I recommend him cause I use him for my claims and I know although hard headed he is a rare find in a VSO he actually will tell you the truth and to date he is not eat up with himself to think he knows everything that there is to know about Claims.

So it was a backhand recommendation and I can now say out of 18 VSO's I have had in 19 years Larry is a dern good one and 15 weren't worth the powder to blow them up.So yes I do like some VSO's but not many.

If you are new to VA Claims you need a VSO good or bad.The VSO's have access that most of us do not have.

The most important thing is that the Claim is the responsibility of the Claimant