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Pro Se Representation At Uscavc

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Sergeant G

Asked by Sergeant G,

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Sergeant G Enthusiast

Sergeant G

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Hi,

My recent BVA decision granted benefits for one issue and denied benefits on another issue. I will be appealing the denial to the USCAVC in the near future. I am currently represented by DAV. They have been helpful in some ways, but I am the one who has conducted all of the research and wrote/submitted documents and evidence in support of my claims at each appellate level. I would like to represent myself pro se for the appeal. Does DAV even represent claimants at the USCAVC level? If so, do I need to revoke their POA to be considered pro se? Thanks for the information.

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Philip Rogers Grand Master

Philip Rogers

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I am going to give you a likely scenario. Your atty has found an error that will allow them to push for a remand at CAVC. At CAVC they are paid by CAVC if they win a remand so it is easy money. Then you will be told you on your own again unless you can produce this or that. I went through it. I won on my own in the end after more years went by. I could write more but I won't.

deanbrt - and your point is??? If I had not used an atty I would have zilch, nothing, zero. By winning a remand I should get what I shoulda got, way back when!!! I wasn't really expecting anything more. Would I have liked more . . . sure but it's been to the court twice now and I'm still going. Sounds like you expected more and may be a little bitter? You said in the end you won!! Sometimes it's best to let it go? jmo

pr

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deanbrt Experienced

deanbrt

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Phil, I am TDIU P&T with a 6 year retro. why don't you go back and read a couple of postings from Hoppy about the job my legal representative did for me before I fired him and Hoppy came to my rescue.

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deanbrt Experienced

deanbrt

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"Sergeant G - I used B&M for my housebound claim, at the CAVC and was very pleased w/them! The Sec/VA and B&M agreed it should be remanded, prior to having an actual hearing and it was sent back. Cost me nothing. They'll get paid by the EAJA funding. I should have some results by the end of the current decade, should I live that long. ;-)"

Yeah.....

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john999 Grand Master

john999

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My CAVC claim first went to the court in October, 2010. It is now March, 2013. I filed my CUE at the VARO in 2005. It is going on 8 years. Without my lawyer I am sure it would have died before now. However, the time factor is horrendous. I was represented by my lawyer at the VARO,BVA,CAVC,Remand to BVA, and now at the CAVC again. No development was necessary in my claim. It is all a question of law and I think I may get a decision by year nine. The system is broken for all of us no matter how well you are represented because the VA can stretch out a matter of interpretation of law for 8-9 years.

John

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Commander Bob Grand Master

Commander Bob

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----

On a separate note, Bergmann & Moore called me back a little while ago after reviewing my BVA decision and they think there are some flaws as well.

Sergeant G

Glad to hear that you are not going it alone,'Sereant G'
Good luck, on all fronts.
Cmdr. Bob
Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

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