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yulooking

Just Got Off Phone Vfw Dc

Question

wow these vso are dirty. i got copy of my records found the withdraw of vso vfw it was done during my appeal there are law that a vso cant do this during your appeals.my case at the courts will be remaned because of this. i want to press this but how

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wow these vso are dirty. i got copy of my records found the withdraw of vso vfw it was done during my appeal there are law that a vso cant do this during your appeals.my case at the courts will be remaned because of this. i want to press this but how

Notify the VA Office of General Counsel in D.C., with copies of your letter that you send them to your Member of The U.S. House of Representativs and to your U.S. Senator's nearest local office.

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Sometimes things like these can ultimately work out in your favor, but for now it seems pretty bad.

Do you have any idea why this happened, or was this some sort of a plea bargain to scrap some claims in favor of others?

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You are right- there is a legal criteria for withdrawing the POA and they have to have a damn good reason.

My former dope POA did this to me when I questioned the way the state vets division was handling my issues.

I filed a Motion with the BVA stating exactly how they broke the regs regarding withdrawal of POA and I ran this by the OGC as part of my 34 page complaint against them.

My point was they showed limited or non existent knowledge of basic VA 101 (I had documented evidence from them and even from the former director of XXXXX ) and they did not even dump me legally-showing they didnt know the representation regs either.

It was best thing to happen to me because I broke up the 'liason' that my rep had with a DRO.They were shocked to learn (because I made sure they fopund out) that the AO claim filed that they didnt believe was valid brught me a 6 figure total award. :biggrin:

Here is an excerpt from my OGC complaint and the regs you need are cited here:

(Please study the 646 date and Rule 608 good before you fight this.The 646 will be in your C file and the POA will also have a copy of it in yur POA file.)

"I believe that the revocation of my POA on Oct 2nd,2007 by XXXX XXXX (XXXXXX)(Exhibit N in the timeline) fails to comply at all with 38 C.F.R. 20.608 Rule 608 regarding “withdrawal

of services by a representative.” Under (b) (2) it clearly states that:

“(2) Procedures. After the agency of original jurisdiction has certified an appeal to the Board of Veterans' Appeals, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion. Good cause for such purposes is the extended illness or incapacitation of an agent admitted to practice before the Department of Veterans Affairs, an attorney-at-law, or other individual representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Such motions should not contain information which would violate privileged communications or which would otherwise be unethical to reveal.”

The XXXXXXX VARO certified the appeal of my Agent Orange Diabetes death claim in 2006,XXXXXX submitted a 646, and the BVA subsequently remanded the claim in September 2006 for additional development. I remain on remand and am unaware of any Motion that XXXXXX filed with the BVA showing good cause to revoke my POA. Mr. XXXXX's letter to me appears as Exhibit N in the timeline that follows.

If in fact this revocation is illegal, it only adds more credibility to my contention that the Division is unaware of established regulations in 38 USC , 38 CFR, and M21-1 etc, and their representatives do not have the required knowledge needed to properly assist veterans and widows on their POA. Or even how to revoke their client’s POA, if the client’s appeal was certified to the BVA .

If this revocation is not in compliance with Rule 608, and XXXXXXXXX had full knowledge of these regulations within 38 CFR 20.608, then that fact supports that I have been intimidated by XXXXXX, by the revocation notice itself.

Also ,by sending me this letter, which I strongly believe is not in compliance with Rule 608,whether XXXXXX knew the Rule or not, -as this BVA case indicates, had I not raised this issue to the General Counsel by virtue of this complaint, the XXXXXX, by virtue of this revocation from XXXXXXXX, set me up for the possibility that if my Agent Orange claim would have been returned to the BVA, if denied again, --- that I would again have illegally become a part of the serious backlog at the BVA, for an ADDITIONAL time consuming remand because XXXX did not comply with 20.608.I cite the following BVA case to support this.

From: http://www.va.gov/vetapp03/Files/0303578.txt

“38 C.F.R. § 20.608(a) (2002) provides that a representative

may withdraw services in an appeal at any time prior to

certification of the appeal to the Board by the RO. The

terms of the August 2002 letter to the veteran appear to have

resulted in AMVETS intended withdrawal as representative on

September 6, 2002, after the appeal was certified by the RO

to the Board on August 23, 2002. 38 C.F.R. § 20.608(b)(2)

(2002) provides that a representative may not withdraw

services as representative, after certification of the appeal "

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i will be getting in touch with vgc about this just dont want a remaned for this i will wait for court case to go on or they will pull it and send back to bva and i start all over dont want that

i will use this for a remaned if my case is not granted

yes i was give one of those back room deals 2004 was granted 60% and iu effective 2001.

wait until 2008 did a cue of 1994 decision that when i found out my claim was in appeal status. what do u bet she and the dro no that my claim was pending all that time..

soon as i say i was doing the cue she lost it you will lost everything you were luck to go from 10% to 100%. the dro gave all he could. the same dro is not working here any more.

her name is even on the cue claim.

when they granted the 100% they were hoping that i never find out that my claim has been pending and just go away. that why i feel those vso in the ro are working with va not u.

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