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Revoking Poa While Claim Is At Bva

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free_spirit_etc

Question

I appointed a VSO at the time of my hearing. The hearing was awful. I felt comfortable with the judge. But the VSO treated me like an idiot. I know I should have fired the VSO immediately. But I did not.

We were granted 3 months, until December 3, to provide additional evidence in support of my claim. The VSO had told me to obtain copies of my husband's military personnel files. I have now done that. I also hoped he might actually read my claim in the interim.

I called the VSO today to inform him I had received the files he had requested I obtain and to see where we stood on my case. He told me that he had submitted everything to the judge already and that it was DONE. He said he had already done what he needed to do on my claim.

I asked him what he submitted, and he said he wouldn't know that without looking at the file -- and he couldn't "jump around like that."

I asked him to send me a copy of what he sent to the judge and he told me he is NOT REQUIRED to send me anything. He was very curt and told me if I want copies of what he submitted I have to contact my Regional Office and get them from them.

I want to revoke his POA IMMEDIATELY -- and so I will fax a revocation to the BVA. Should I be specific as to why? Or just state I want to revoke his POA?

I hope he didn't hurt my case really bad by arguing against my claim. I don't know why he refuses to send me a copy of what he submitted. I don't know if that is because he submitted something he knows I wouldn't like, or if he actually has no idea what is going on with my claim, didn't want to bother to look before he returned my call -- and just told me he submitted everything without even checking - and felt like he was put on the spot when I asked for a copy.

OMG! I was shaking when I got off the phone!!!

Edited by free_spirit_etc
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  • HadIt.com Elder

...

We were granted 3 months, until December 3, to provide additional evidence in support of my claim.

...

OMG! I was shaking when I got off the phone!!!

I would send the copies of your husband's military personnel files directly to the BVA, as requested by the BVA judge or your rep, who ever asked for them. tell the BVA, your rep asked you to get them. You could cc the rep "Return recipt requested". if you want to. HOWEVER , you have 2 days left to get your stuff to the BVA. JMHO... OVERNIGHT the records to DC. First thing tomorrow, OVERNIGHT them to BVA . Remember to include his C-# and the (Reply Refer to info) found at the top of the BVA letter you recevied from BVA DC.

I feel your unnecessary torment, 'free_spirit_etc'. My most positive thoughts are with you.

Good Luck,

Cmdr. Bob

Edited by Commander Bob
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Ketchup,

I already had my hearing September 3. We were granted 3 months to submit additional evidence. But my case has already been heard. I have no idea why he asked me to obtain my husband's military personnel records, and then submitted his argument before I received those. And I am concerned that he was so snarky when I asked for a copy of what he submitted, and told me he isn't required to send me a copy, and that I will have to request a copy from the Regional Office. But I want to make sure he doesn't do anything to damage my claim, if he hasn't already done so.

With representation like this who generally wins? The VA! Who pays the rent/provides the office space for most of these service officers, the VA. Should we really be suprised at the outcomes?????

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I got most of the evidence submitted mailed overnight today. Had to argue with the mail lady who didn't want to postmark it. Yeah.. I know... Express mail shows it is in the system. But dang it - if the law says postmark, I want a postmark. It seems like it would be easier to just pick up the little rubber stamp and postmark the dang thing that to keep trying to explain to me that it didn't need to be postmarked. She apparently is not a veteran who has ever had a claim with the VA.

I sent a copy of my request to revoke POA -- but I still didn't draft an actual motion. In one place it says a claimant can revoke POA at any time - and in another place it says you have to show good cause.

I just have struggle with deciding whether I should just generally say "We didn't get along..." or go into specifics. I would think the fact that I had to request the VA to send me copies of the documents the VSO said he submitted (because the VSO said he is not required to do so) should show enough "good cause."

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hell try irreconciliable differences, it works for a divorce.

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LOL

I should just say - he screwed up my hearing, he was rude to me, he refuses to discuss my case or send me a copy of what he submits.

hell try irreconciliable differences, it works for a divorce.

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