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

[Philip Rogers]

I'd think twice about voiding the appeal. It is highly unlikely they'll reduce it and you could win more. jmo

pr

[broncovet]

I agree with PR. The VA does anything they can to delay, deny, or confuse you into abandoning your claim. Dont fall victim to it.

[Wings]

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

Are you sure about this? With all the mistakes that a VSO can make (human error), can a POA waive your rights to your own consent or review? I wonder what the law says on this issue. I have, for the past 10 years, signed all of my va claims "pro se". Wings

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.

[broncovet]

Wings:

Am I sure? No, Im not a legal expert. But when you sign a POA you give the authority for others to sign on your behalf. An attorney does not need to contact his client every time he speaks in his behalf...he has the authority to act in his behalf based on the POA. This is precisely what a POA is for...giving the VSO the power to act in your behalf in matters with the VA.

I have POA on my sons bank accounts...and I have the authority to deposit, withdraw, and pretty much do anything he can do. I sign in his behalf. He wanted me to do this, and, of course I dont abuse it. I actually watch over his money better than my own.

[john999]

I am with Phil on this since the VVA may win more for you like an EED or something. If the VSO thought your claim was going to be reduced I think they would have dropped the appeal.

[Wings]

Wings:

Am I sure? No, Im not a legal expert. But when you sign a POA you give the authority for others to sign on your behalf. An attorney does not need to contact his client every time he speaks in his behalf...he has the authority to act in his behalf based on the POA. This is precisely what a POA is for...giving the VSO the power to act in your behalf in matters with the VA.

I have POA on my sons bank accounts...and I have the authority to deposit, withdraw, and pretty much do anything he can do. I sign in his behalf. He wanted me to do this, and, of course I dont abuse it. I actually watch over his money better than my own.

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Bronco, I would rather give my son POA on my bank account than give a VSO POA over my claim ... just the same, it can be a long, lonely road on appeal ;-) Hope you're doing OK. ~Wings