Attorney advice

[jfrei]

My attorney has asked me to withdraw my two appeals before my C&Ps have been completed both issues have been scheduled. The RO has told me this is just to check the level of severity that they are being the last one was done in 2010. He mentioned that they would be SC but this is for the rating. Why would he say withdraw from them he also asked me to withdraw my new claim for AD which the doctor SC but then they scheduled me for a TBI review and a PTSD increase exam. I have 3 C&Ps scheduled later in July why would i pull out now? I am already 100% P and T but it's An IU Permanent rating does it really matter other then sending in a verification of not working form every year?

[Berta]

Buck, the CAVC does not accept new evidence.

The court can vacate or set aside a BVA decision and then remand the case.

A CAVC remand is what will open up the claim to accept new and probative evidence.

https://www.uscourts.cavc.gov/rules_of_practice.php

They have also set 3 Precedent Opinions recently

1.
2.
.	https://www.uscourts.cavc.gov/recent_decisions.php   I wish I had the time I used to have to bring precedent CAVC Opinions here with a link. Maybe someone here could take the time to decifer the three above. CAVC is working faster than they used to. Also they seem more motivated to remand some claims.   But without a remand, they have never accepted new evidence...unless you have found some documented change to their Rules of Practice....please post that info here.

 

Edited June 29, 2017 by Berta

[Buck52]

yes your correct Ms Berta  I meant you can still add evidence during any part of your appeals process & that would be via remands as you stated.

''A CAVC remand is what will open up the claim to accept new and probative evidence.''

I'm glad you reminded me Ms Berta  I added some celerity  as to the Remand in my above post.

I was just letting this vet know he could do this.

so many veterans out there don't know this.

Edited June 29, 2017 by Buck52

[jfrei]

I have 3 pending C&P two increases and one new claim. Both the increases were already pending while I was made 100% Permanent during an appeal for those two issues. He's in court today and will hear what's up tomorrow... as for the withdraw of my new claim where the doctor seperated my issues I'm very anxious to hear why to withdraw 

Edited June 29, 2017 by jfrei

[jfrei]

And no word from attorney so now it's on me I'm scheduled this Tuesday for my remanded issues with a. nurse practitioner and the other two on the 20th with a neurologist if he tells me today to submit the letter I will, otherwise I said I will be out of town until next week. 

Edited July 3, 2017 by jfrei

[jfrei]

His response I have no time to look at your case.  

 

Its probably time I withdraw as your power of attorney, you are at 100 percent.  I am not willing to continue on your case.  You should go ahead and keep your claims open and go through with the C&Ps.  I will send in my withdrawal notice.

this is after he asked me to withdraw I almost did until he sent me this letter to my question of "Sorry about the typos before in my last email but what's the reasoning of not going and withdrawing from all?

Edited July 6, 2017 by jfrei