Revoking Poa While Claim Is At Bva

[free_spirit_etc]

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 November 6, 2013 by free_spirit_etc

[free_spirit_etc]

Thanks John. I might have to do that. At this point, I had my hearing, and am waiting on the decision. So it is kind of late for an attorney to get involved at this point (unless I get denied at the BVA level). But I didn't want to get stuck with this representative -- and I didn't want him submitting anything to sabotage my claim.

I did submit a Motion for Good Cause to revoke the POA -- asking the VA to honor my earlier request to revoke the POA. I am hoping that by submitting it, that will open up the possibility of appointing a new representative if needed (if the VA determines I had good cause to revoke my other one).

I read a couple decisions where someone revoked a POA and appointed a new one while their case was on appeal at the BVA. As it was done after the time-frame, the BVA acknowledged the revocation of the previous POA, but did not honor the appointment of the new one, as the veterans did not file a motion for good cause to change VSOs after the deadline.

If you fire your VSO hire a lawyer.

[free_spirit_etc]

Thanks for the link. We looked up quite a bit of information about AO and Guam - and were in contact with Van Sanderson about the issue. At this point, I didn't think we had a strong enough case to be granted on that basis (mostly because the VA, as a general rule, denies AO was used on Guam).

It is good to see the veterans are keeping up the fight. I know former Congressman Lane Evans kept trying to get documents about Guam declassified. I appreciate the link, and it is good to see that they are still making some progress on this issue.

'Free_ Sprit_ etc' Please read this... http://www.veteranstoday.com/2013/09/26/were-vets-who-served-in-guam-exposed-to-agent-orang