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Pro Se Representation At Uscavc

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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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  • HadIt.com Elder
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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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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"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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  • HadIt.com Elder

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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  • HadIt.com Elder
----

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
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