Request Advice On How To Proceed

[Eomr]

22 Yr USAF Veteran, AFSC 42353,Fuel Systems Mech,; I have an ongoing disability claim for peripheral neuropathy, symptoms are getting worse but cannot get an accurate diagnosis from the VA has been over 9 years of appeals etc... would appreciate any advise on how to proceed. Thanks and God Bless!

Edited March 10, 2014 by Eomr

[TiredCoastie]

DAV seems to have an office rather than one rep, so you might be able to be transferred to a different NSO if you ask. Otherwise, send the office chief a letter stating that you are revoking your POA and that their services are no longer necessary. It's highly unlikely that they'll transfer you to a different office at a different RO. Another option is to work up the chain of command. Get a meeting with the office chief and express your concerns. There is a branch that manages NSO offices within DAV headquarters - you can also attempt to contact them.

There are good NSOs out there...I had a very good DAV NSO once and my original AMVETS NSO was a true hero. The trouble is that without local advice, it's hard to say who's the best where you are.

If you are in the appeals process, though, 63Sierra gave some outstanding advice. Check out how the lawyer thing works through the proper forum on hadit. I don't have any experience, but if the brain box is working right, they take a certain percentage of your backpay as payment based on federal law. Don't rely on my memory...

[Eomr]

I have contacted two law firms recommended by this website they both said since my claim was in the appeal process; they would have to wait until it was denied by VA before they could even look at my file and that since claim was in appeal status I could not elect to revoke my current POA/DAV until a decision is reached by the VA. Their advice was to wait and see what the VA decides and go from there. I tried to explain this current appeal has taken several years and I still have no answers but they could only recommend to wait on the VA's decision. Seems as though I'm being boxed in but I still solicit advice from anyone who may have experience or suggestions; Thanks as always! Dan

[TiredCoastie]

If you're stuck with DAV, then I'd go in and talk with the office chief as a first step. Tell him/her that you're not happy with the lack of support and really need some help. You'll undoubtedly need an appointment.

If that doesn't work, call DAV's headquarters and get to someone who oversees the service offices at the ROs. I had a buddy who did that and got his claim off the dime. It helped that he already knew someone in the DAV chain of command prior to submitting his claim. I've also done this with another VSO and got almost immediate action from the NSO.

[Berta]

EOMR , you posted this:

"I have contacted two law firms recommended by this website they both said since my claim was in the appeal process; they would have to wait until it was denied by Veterans Affairs before they could even look at my file and that since claim was in appeal status."

But then you also posted this:

"On 4/15/2013 the the United States Court of Appeals for Veterans Claims found in my favor that the BVA had committed legal error; my case was sent back to them with instruction to correct the error. I don't believe they gave (the BVA) any deadline or consequences for taking too long in arriving at a decision and can offer no other explanation or detail."

Did the law firms that were suggested here ,that you contacted ,understand that you had already filed a NOD and your claim was remanded by the court back to the BVA?

Do I understand that the law firm that was paid was not able or willing to continue to represent you to see this through as to the court remand?

I assume your claim is still at the BVA ( since April 2013)

This is the main BVA phone number:
1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

I also used this number to call the BVA ombudsman years ago.

202-632-4623.

I preferred email to the ombudsman , however and always got a fairly fast and articulate reply.

[Eomr]

The law firm that had represented me has been compensated by the U S Court of Veterans appeals; please see previous post (13 Mar 2014), they worked with the United States Court of Veterans appeals to have my case Remanded back to the BVA but their (the Law firm's) assistance, communication and or help ended as soon as they were paid by the U.S. Court of Appeals through the Equal Access to justice Act. I have not received any compensation or a determination on my case; all I'm trying to find out is where its at in the claims process and if there is anything I can do to assure it is decided fairly. I will try those Phone #'s you gave me and will hopefully find someone willing to listen and help; Thank You for your continued support and advice and I apologize for any confusion I may have caused. Dan

[Eomr]

I'd like to take this opportunity to Thank each of you for your thoughtful advice; I have decided too much of my time and energy has been spent or wasted on worrying about this claim. I will trust in God not our government or the VA for reliance and help; still I pray for each of you and wish you the best and may God bless and enrich your lives! Dan