Strange NOD acknowledgement, Outdated Right to paid Attorney info

[GuaymasJim]

I received a letter dated February 19, 2016 informing me that my NOD had been received.  Included with the letter was a generic “Appeal Process Election” form which they want me to fill out and return within 60 days.  This seems odd since the new NOD VA FORM 21-0958, which I used, asks that very same question in Part III Sec. 9 entitled: “Appeal Process Election.”  My election of Traditional Appellate Review Process was clearly marked. 

Also, there is a third option on this attached “Appeal Process Election” form which does not appear on the VA FORM 21-0958:  “[] I have reconsidered and wish to withdraw my appeal.”  This just seems like another crude attempt at getting veterans to abandon their appeals.

The letter also included this statement verbatim:

 

“An agent or attorney may also represent you.  However, an agent or attorney can charge you only for service performed on or after the date of a final decision by the Board of Veterans’ Appeals.”

It has been my understanding that since June 20, 2007, a veteran can be represented by a paid attorney anytime after filing a NOD an initial RO denial.

Has my RO gone completely off the rails or is this the way it is done now?

 

[flores97]

Huh!? GuaymasJim, I have absolutely no idea what they are talking about on the attorney issue. To my knowledge nothing has changed, absolutely we are allowed to have attorneys represent us at RO and BVA levels. May I ask which RO your claims are being worked at, one of the elders will probably comment as well.

[DevilDog12]

I got the same letter.  It is for you to let them know if you want the DRO Review Process, or Traditional Appeal Process.  I elected DRO because it is normally faster.  However, if the DRO process does not turn out in your favor, you can still continue to the BVA.

[broncovet]

But of course!   Never you mind that the Veteran elected the traditional appeal in the applicable NOD form.  

There is still a chance the VEteran may have forgotten he did so, and this gives VA still another "glitch" opportunity so that VA can delay the claim some more.  The VA's motto is never delay a claim until next month when you may have an opportunity to delay it much longer.  

The fact that you already made this election is irrelevant, as there is still "one more chance" that the VA can still figure out how to delay your claim longer.  

If you were a VA employee (executive) you could type this up, submit it, and explain how you have single handedly save VA lots of money and collect a bonus, just like the VA employees who figured out the "secret lists" which led to Veteran deaths.  Remember, some of these Vet deaths may have been receiving benefits, so look at all the money VA will save for parties, by a premature Veteran death.  Its what they do.  

Edited April 1, 2016 by broncovet

[GuaymasJim]

flores97,  thought so too, but how can I believe my lying eyes?

DD12,  did you submit your NOD on NOD VA FORM 21-0958 or was it written out?  As stated the form has the exact same first two options but also a third option to abandon your appeal.  The NOD form doesn't have that third option.

bronco, my thoughts exactly!