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Just when I thought it was over.....

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63Charlie

Question

I get a letter in the mail today from my power of attorney the American Legion.

The letter stated that the American Legion is affiliated with the law firm of Bergman and Moore 

It stated that B&M reviewed a recent BVA decision and they want to represent me at the CAVC.

I was asked to call Bergman and Moore asap.

 

Edited by 63Charlie
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Sounds like a win/win situation.

Under the EAJA veterans do not have to pay attorney's fees at the CAVC. 

I tried to post several times, if you disagree with a BVA decision, you can hire an attorney to take your appeal to the CAVC. 

Edited by pacmanx1
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I agree with Pacman.  If your BVA decision is within 120 days, then you should, indeed contact Bergman and Moore law firm.  If you wait 120 days after your board decision, then you lose your right to appeal.  And, it takes time for B and M, to review your file and file an appeal on your behalf (after they agree to represent you and you have signed a fee agreement for them to represent you.  

You can also file a "notice of appeal"..and decide on a law firm almost any time.  The forms and instructions are here:

https://www.uscourts.cavc.gov/documents/RulesFormsAppendix.pdf

In all cases, you either need to file a NOA yourself or have an attorney do it, within about the first 90 days to allow a little time for slow snail mail.  Since I have not reviewed your records, I have no idea of whether or not your case has merit or not.  But Bergmamn and Moore or another NOVA law firm will discuss this with you, along with their fee agreement, at no cost for the consultation.  

You pretty much have nothing to lose by appealing a BVA decision...unless, of course, you wait too long.  120 days, plus one second is too long, they will strictly enforce the 120 time limit.  

You are not limited to Bergman and Moore for represention, even with a referral from your VSO.  You may pick another firm.  However, Bergman and Moore does have a good reputation among Veterans advocates.  

Edited by broncovet
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