Bva Going Backwards On Ebenefits?

[RickH]

Hi all, On 3/242015 my case was on stage 2 prep, then it was sent to stage 3 VSO, it stayed there

less than a day and was sent to stage 4 with veteran law judge(VLJ), today it was sent back to stage 3 VSO.

Does anyone know what going on? I had filled out the attachment asking that it not go back to the RO, and be

sent for decision to the VLJ. where did this this cheese wheel come from?

Thanks, RickH

[RickH]

asknod, How do I fix this? I had no Idea I could use a lawyer when I appealed in 2008

Can I change the POA now at this late in the game? Will it force the BVA to use only my argument?

RickH

[FormerMember]

Once your claim is certified to the BVA, trying to change horses in mid-stream is nigh on to impossible. Sit tight and see how things come out. You ain't got no parachute so you have to wait for the plane to land or crash. I'll research this one but I think you have to love the one you're with for the moment. Contacting your "team" is not an option. I doubt they would bother to answer you anyway. We need to get Jerrell to do a podcast on this so Vets know how it works.

They changed the rules for attorneys in 2007. When you get that Miranda warning from the RO, you get to make your one phone call.

[RickH]

Thanks Asknod, Its to bad that I didn't know about how all this works before I filed back

in 2007. I filed in Florida where the state has VSO's. I didn't attach myself to the legion until

last year, when I moved back to Maine. I wish I had noticed this back then.

I knew nothing about nexus's, or IMO's. I just knew, that I had had prostate cancer, and I was told by

a friend to file, and I did. The VSO guy thought " I had feet on ground" and I didn't know how legal this stuff

would become. Thank god for guys like you and this forum.

Getting back to the claim, I saw it had been moved back to the VSO late Friday and called the VSO Monday and

told them I had filed the RO waiver and thought that was the same as not having the VSO's

around my neck anymore, and the ALJ would just consider the claim using my argument, new buddy

letters, and IMO that I had summited after the SSOC that was after my remand returned to the BVA.

RickH

Thanks please excuse my rambling!!

[FormerMember]

Keep in mind too that the BVA has no ALJs, just VLJs. There's a big difference. An ALJ (Administrative Law Judge) such as you get in SSA hearings is truly independent and doesn't risk the wrath of his bosses if he rules either way. The BVA has Veterans Law Judges who are dependent on their paychecks from the VA. They are not independent or we would have a better win rate.

Where do you live in Maine? We have a summer place on Barker Pond in Hiram over near Fryeburg. My great uncle built it in 1895. Lots of history.

[RickH]

Asknod, I miss wrote I ment VLJ not ALJ. We live in Saco about an hour or so

east of Hiram. My family has been in Maine since before the Revolution.(1690s). There

has been a member of my family in every war this country has fought.

I'm still fighting a war, with the V/A :)

Rick

[RickH]

Well, I called the American Legion office(VSO) at the BVA.
It turns out, all I had to do was give them a statement asking them not

to write the argument,and to use my argument, and sent my claim back to the BVA, easy as that.

At least I hope so.

RickH