Received DAV letter of representation for upcoming NOD hearing!

[Navy4life]

Okay so I received this letter DAV letter_Redacted.pdf and I am questioning myself as to whether or not to use them?  I hired a DAV rep in 2013 when I lived in DC but I haven't spoken to any DAV rep in over 1-1/2 years.  The WACO DAV knows NOTHING about my NOD.  We were just talking about this in another thread about releasing your POA.

Is it wise to go without a DAV rep?  I think I am my own best advocate and I am a bit worried he/she will not know anything about my NOD.

Thoughts?

[Buck52]

Navy4life,

I guess I am confused a bit here

  The 21-4138 is a ''statement in support of claim'' form

and the form 21-22 is he selection of POA  its now changed to 21-22 (a)

I think you can just write in a plain letter   to revoke them  as your POA...As long as they know you want to revoke their service from POA that's all you need  and date it and sign it

Mail it with certified return receipt 

This is what I am going to do  and wait a few days and call make sure they received it   even if I get my return receipt back   because they tend to lose things and forget about things the veterans sends in to them.

and I'll wait about 30 days and call the 1-800  and ask them to send me a confirmation on the POA.

As some veterans has tried to revolk their DAV -POA and found out months to years later they were still on as their POA 

This is why its good to ask for a confirmation letter after the fact.

jmo

.........................Buck

[Navy4life]

Buck

good advice. My hearing is less than a month so I'll step it up for sure!

[Andyman73]

I know one thing for sure, the DAV has not helped me one bit!  Even when I asked for specific help, nothing!

[Gastone]

When I had my 06/14 DRO Hearing, I met with a MCL Rep who was their DRO Hearing Specialist, having been a DRO Hearing Officer for years before his recent retirement. He actually knew the DRO Officer assigned to my Hearing.

We discussed my case and the N & M Evidence that I had previously supplied. I hadn't used the MCL for any of my filings, switched to MCL after being with the VVA for 3/1/2 years with no contact since 1st claim filed in 06/08.

After about 25 min, he agreed with me regarding using the "Informal Format." We went down the hall to the Rating Dept and after about 35 min 9:15am the Hearing was over. VSO Rep really wasn't involved in the back & forth discussion, that the DRO and I had. DRO told me he was awarding all issues, including IU from a 2012 NOD. That afternoon the MCL Hearing Rep called me to say he had the Official DRO Award Letter on his desk and was emailing and reg mauling it right then. Turns out the DRO added T&P. No Future Exams.

I would suggest you avail yourself of the VSO DRO Hearing Specialist, if for nothing more than a soundboard and 2nd set of ears, at the hearing. If you use the standard Hearing format, his information could be of great assistance. You really won't get a decision at the end of the Formal Hearing. Maybe up to a year before you know anything.

Semper Fi

[FormerMember]

Type up a request for a transcription of the hearing to be sent to you and take it in with you. You need an unbriefed VSO rep. there like you need a cancerous tumor. If you have any paralegal education you're already light years ahead of a service rep. To be truthful, the only thing a service rep. can do is suggest questions (ahead of time), or file things for you. They are generally unknowledgeable about your case in advance which makes them like a fifth wheel getting in the way. If the fellow has not had any prior involvement in developing the claim, he's going to impede your progress in trying to present the contentions. You sound like you have a modicum of intelligence. A DRO review is meant to be a hands-on, intensive study of all facets of the claim and any info you feel was ignored or overlooked. Bringing new and material evidence in or a new nexus /IMO are most often the reasons why you will prevail. Merely reiterating your old arguments will be a waste of time. Possession of your c-file ahead of time is paramount. You cannot fight them if you don't have the file. 

Read your denial and break it up into parts. Why did they deny? What were you lacking or what was it they failed to take into account? Was it merely a lack of the injury in your c-file? Was it the lack of an independent nexus by your own doctor(s) entirely? Did you rely on VA to provide you with a nexus and it turned out to be "not as least as likely as not"? If you do not rebut the denial facts with exculpatory evidence, this is going to be a milk run. Far too many go in and try to convince a DRO that their version is correct without any supporting facts using nothing more than lay testimony. Always remember, if you provide unsupported facts, it is called "history". That means it's your recollection of events-not necessarily what transpired. 

Don't waste your time trying to extricate yourself from the DAV gomer. Let it ride, They sure won't show up unannounced. If they do, tell them to sit in the back of the room and remain silent. Furthermore, I would request it to be on the record if you have any qualms about this ending up on appeal later. If it is not recorded, there is no evidence of it occurring in your c-file. This can be very damaging to the claim on appeal. 

You are not permitted to add any evidence to the file after a BVA decision. Your appeal to the CAVC, if necessary, will hinge entirely on the Record Before the Agency (RBA) established at the VARO or the BVA-period. One thing few realize is that if you go on the record with the DRO review, it will all be in there, including any errors by the DR Officer in the decision.That may be paramount to winning later- e.g. "forgetting" to extend you the combat presumption under 38 USC 1154(b). I see that quite frequently. VA raters , from DROs all the way down to FNG VSRs rely entirely on their M 21 bible. If They are using the wrong metric, the whole process is an exercise in futility. Considering they do this 65% of the time, it behooves you to get it all down in the record against any appeal you may have to pursue. 

A VA form 21-22 is used by VSOs. A VA form 21-22a is used by VA agents and attorneys. A 21-4138 is permissible to use as a vehicle for rescinding your POA with a representative or attorney. One must be mailed to both parties (VA and the rep.). I can't say it does any good though. I got the MOPH stuck to my shoe for 6 years. IRIS is all well and fine but the VA also requires a blue line paper recission for the c-file. 

Best of luck.

[Navy4life]

Asknod;

Thank you for your response and suggestion.  The more I think about it, the more I firmly believe the DAV rep is of no use to me.  Like I said in one of my posts, this DAV WACO office knows NOTHING about my case and is just going to be in the way.  I will take your advice and ask for the hearing to go on the record.  I will look at the denial letter again and dissect it as well as go through all the evidence already submitted.  The issue I have is the FACT that the denials for my claims were not valid based on the evidence presented.  The rater clearly did not see all my evidence I presented in my original claim.  Are you saying I should not regurgitate that information?  

Secondly, the irony of this, is that right now I have an FDC in for an increase on my L ankle, 100% Total Disability for my R foot (not S/C but linked directly to my L ankle per my doctor) and my PTSD.  I know you should not discuss anything that is not related to the NOD but it's interesting that I am fighting the denials for my L foot/toe & R foot/ankle since 2013 and now I have even more issues to contend with..UGH

As a paralegal, I know that revoking a POA is not that difficult and most POA's do not have "time limits" on them.  I plan to simply submit a revocation letter to the DAV Office, submit it to the VA as well.