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I was denied an increase for my knees so I hired a veteran lawyer to handle my case.  I attained to go before the UNITED STATES COURT OF APPEAL FOR VETERANS CLAIMS. The letter stated: Enclosed please find a copy of the United States Court Of Appeals For Veteran Claims Decision Dated 6/29/2017.  The Court found in your Favor that the board Committed a Legal error.  The court ordered that your case be sent back to the Board with instructions to correct its error.  10/03/2017 the decision was the court issued a decision that remand(sent back) my case to the board for reajudication and issuance a new decision on 10/03/2017.  Why was my case taken form my attorney and given to DAV?   I retained an attorney because I got no answer from 2012 to 2014.  My attorney was paid 10/2017. Now I am still waiting and the DAV has no records from the court decision and I’m still waiting.

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Answers

A1:  Since you hired a VA lawyer, normally they don't get paid until your case is resolved and you get paid. I would suggest getting together with your VA attorney to have him follow up on it. (RC)  12/30/18

A2:  Your case is in its final stage.I say this because if you lose from COVA that is the final descision,you cannot appeal any more form this case.This does not mean you cant claim another medical problem.There is usually secondary problem from the initial problem.The best case is to get remanded to the BVA.  (PD)  12/30/18

A3:  When you have to wait you have to wait.  (DF)  12/30/18

A4:  You won, The DAV should resubmit your appeal and you will be awarded your claim and it will go back to the first date you submitted it and receive a retro check plus monthly compensation also.Congratulations.  (CR)  12/30/18

A5:  Your claim was remanded because the BVA apparently found a mistake in the original filing. That is well within the board's rights. Hiring a lawyer is never a good thing to do.There is nothing they can do that the DAV can't except take your money.  (AP)  12/30/18

A6:  Your case was taken from your attorney and given to DAV because: You filed your original appeal (2012) thru DAV. Apparently, at the time the DAV had your (POA) Power of Attorney and that is why the case reverts back to DAV. Keep checking with DAV and be patient but persistent. Good Luck, My Brother!  (RA)  12/31/18

A7:  You select exactly who you want to represent you by signing a VA Form 21-22 or 21-22a - giving whoever you choose your permission to represent you before the VA. It is entirely up to you whom you want to select- an Attorney or Agent (who you will pay) or a Veteran Service Organization who will represent you free of charge. You can change your selection any time you wish, by filing out that same form again.  (KF)  5/2/19


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