Stopping Bva Appeal

[ddj6969]

When I started the whole disability claim process I had a rep. from the Vietnam Vets. helping me. Through the process I learned alot and ended up doing most of it on my own(with a ton of help from everyone on HADIT-Thanks!) My claims were decided in 2010 by a DRO and I am happy with the decision.

I recieve a letter today stating that my appeals have been forwarded to the BVA for disposition. I call the 1800 number and find out that the Vietnam Vets. have appealed two of my claims, the ones they first helped me with, even though they have already been decided by a DRO.

Two questions:

How do I stop the appeal?

Will this do anything to my claims which were already decided?

Thanks

[carlie]

I recieve a letter today stating that my appeals have been forwarded to the BVA for disposition. I call the 1800 number and find out that the Vietnam Vets. have appealed two of my claims, the ones they first helped me with, even though they have already been decided by a DRO.

Two questions:

How do I stop the appeal?

Write the BVA and state your issues have been satisfied and you wish to withdraw your appeal.

Will this do anything to my claims which were already decided?

It will not do anything to issues which have been adjudicated.

Hopefully, you have already finalized all VA issues.

I personally - would follow up and rescind my POA.

JMHO - carlie

[broncovet]

Before you stop the BVA appeal, make sure that is what you want to do, because one you withdraw your claim it will be tough/impossible to undo this. If the DRO decided your claim favorably, they would have sent you this decision.

Perhaps they appealed the effective date, tho it is more than a bit unusual for a representative to appeal to the BVA without the Veterans knowledge.

Your appeal could have been sent to the BVA by you; if you did not specify you wanted a DRO review, the VA is supposed to write you and ask. If they did not, then well you need to get to the bottom of it before stopping your appeal. They may have seen something you did not notice and are acting in your best interest.

[Gulfvet45]

If the DRO went the way you wanted it to on the two issues that the VVA is now taking to the BVA, this appeal is than at best the effective date. They would not be doing it unless they feel they can win you an effective date, and more $$$$. BTW the effective date, is a good thing in many ways.

I just won a vetetan his 100% P&T on one issue and some other thig to boot but it only went back two year. I am going to the BVA to 93 when he filed coming out of the service for the effective date, due to CUE. I have a real good case since he was DX in service. This issue is the vets backpay of 100% to that date, then going for his medical retirerment from the service.

[evandc]

"find out that the Vietnam Vets. have appealed two of my claims"

Don't think VVA appealed unless you signed a Form 9.

[broncovet]

When you grant "Power of Attorney" to a representative, that representative can then sign your name for you. This is what a POA does.

It is possible, or even likely, that your representative took the initiative and appealed the effective date in your behalf. You see, many Vets do not even know what "effective date" means, but most would not mind collecting a large retro check.

The representative could also be appealing things like inferred SMC, P and T, etc.

I suggest you contact the representative. Yes, in order for your claim to advance to the BVA you need to "perfect" your appeal by filing an I9 form.

[ddj6969]

My first two claims were denied and the VVA helped write my appeal. After they helped me write the appeal I did everything else without the VVA. I contacted my local VVA who stated that the VVA was not aware that those two claims were done to my satisfaction. He told me to write the Chicago VVA office to close the appeal.

Thanks for the replies.