Once again, Johnny Vet finds himself on the wrong side of the fence. Having waited patiently for his SOC from which to file his Form 9, something has gone snafu. But wait. American Legion to the rescue, right? They also get a copy of your SOC and then contact you to ask what your druthers are about continuing on to DC with a substantive appeal (Form 9). That’s what a Power of Attorney is all about. They represent you legally. If they step on their pink snake, you sue the suckers. Ooops. Wait. They don’t charge anything for their services so they are judgement-proof.
The Presumption of Regularity of the mail is a given. The presumption that Amleg’s SO who represents you will alert you to this is not covered by that. You get what you do not pay for. Lip service is paramount in this game as Johnny just discovered.
This decision need not have even been filed for. No Form 9, no dice. No change of address? No dice. Presumption of Stupidity for using a VSO for a legal rep.? Granted with effective date of 1776. Note the VA examiner (in blue sitting below and to the right of Washington)) accompanying the troops to verify claims while in the field. VA used to do that a long time ago. He was easy to spot because he was the only one taking notes. Now you just email in a DBQ to Cheeseville Wisconsin so them fellers don’t catch pneumonia.