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Attorney fee eligibility letter


1navyman
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Yesterday I received a letter that the VA had labeled attorney fee eligibility determination letter. The letter I received was saying that I filed a claim through the " benefits delivery at discharge " program and that according to their records I was discharged from active duty 12 days ago. After numerous calls to the help line I finally found out that this letter is what they send out when they are trying to determine an effective date for an appeal granted by the BVA. This letter days nothing about bva grants, effective dates or anything like that. Does anyone know why they send out these letters if jibberish?

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Congratulations!   This is sometimes "the first" hint your claim has been approved.  No you wont know the effective date or any details until you get the letter.  You will have to wait.  

The letter could be very important.  For example, I hired an attorney, and, even tho the attorney was successful, I went "on my own" to appeal other issues.  It was very hard to get the old attorney's name off my POA, she tried AND I tried.  I did not want to have to try to collect the money BACK from the attorney.  Finally, I gave my POA to a VSO, and that got the attorney off my POA.  Nothing else worked for me.  

This notice is to inform you that your attorney is being paid from your retro.  Again, its great news, and you should get a letter confirming in a couple weeks.  

 

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1navyman Question is did you use an attorney? If not, send it back that you don't: not applicable. If it goes to the claims center, fax it and save a copy of the confirmation. Or mail it, registered and keep the receipt. You could call Peggy, but pretty uncertain you will get a reliable response on this one. I do agree with Bronc's advise, though. It is an indication you have a favorable decision coming. Have to wait for the decision letter though. Peggy won't tell you anything on that either.

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GBArmy is correct; IF YOU DONT HAVE AN ATTORNEY, spring into action immediately or VA will withold your retro for attorney fees anyway.  

1.  Inform VA in writing, AND ebenenefits, that you are PRO SE, or that you have a VSO.  

2.  Call Peggy, too, and inform them on the phone. 

3.  As I explained, I quickly signed a POA to a VSO, mostly for this reason:  I did not want to pay attorney fees or try to collect them back from an old attorney, so I got a VSO POA on file, which replaces the attorney POA.  

      You see, you can only have ONE POA at a time.  So, signing up with a VSO revokes the old POA.  Its hard to get the POA revoked other wise, or it was with me.    My attorney remained as POA for a year after we had mutually agreed that she would NOT be my representative any longer.  She sent in the paper work, I sent it in also.  But it remained until I signed a POA with DAV.  (DAV does not get any percent of retro).  

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