Filing On Your Own :: Unwise Or Wise?

[autumn]

is it better to have the pva and others like them to file the claims for veterans?

do veterans stand a chance doing so on their own?

i don't know, maybe i'm just beating a dead horse on a sat. but sometimes, going through these org's is frustrating. it's like they just type a little note to the VARO and yet we're still at the mercy of the VARO. that is, what's the difference between them writing a note to VARO versus me?

i'll add this, i had to go with a pva rep out of state here due to the pva rep here was a bit unhelpful and detrimental to my case. so i don't know if the VARO resents that or what. you know?

[autumn]

autum,

NO- the VARO doesn't resent that.

If you're on the ball you can represent yourself at the VARO and BVA level.

Some want to some don't - if one is hesitant then perhaps they should get a VSO.

Personally, my claim issues have garnered more success when I have represented

myself, both at the VARO level for DRO Hearings and the BVA level for ALJ Hearings.

Had I not started out many moons ago with a VSO - I do not think I would have gotten

wrapped up in Appeals from claim issues being filed 1/2 azzed and not followed through.

But, as I posted that all began many moons ago and I feel some of the VSO's have gotten better.

Keep in mind that when you sign the POA for representation, they can file or not file, anything of their

choice without your knowledge - they have your initial signature and need nothing more.

>>they can file or not file, anything of their choice without your knowledge

that i'm afraid bothers me, especially since that last odd C&P

[autumn]

Autumn,

It's not too late to take over your claim.

It's natural for us to assume an 'official' person knows The System and will better navigate it for us but, VSO's get overwhelmed and even the good ones can only do so much.

It depends on bow much research you're willing to do to understand how to best represent your claim; you basically have to become an amateur attorney to win SSDI & VA benefits.

I was passionate with my claims and won (but I couldn't afford to do much else at the time anyway ).

It's not just an either/or situation either; you can research, submit material etc while still with a VSO.

I fired mine because I didn't want any behind-the-scenes actions I'd be unaware of.

Good luck!

i have a friend at this pva that is representing me now. not the SO but one of his co-workers is a friend. but, the SO doesn't speak with me except via letters and its those behind the scenes stuff i'm not aware of, if they are taking place, that concerns me.

i got my SSD no problem there. as usual, all research and paper gathering i did. no help from VA or others. you know the drill. no complaints, that is just how it is.

now its the 22+ years of retro that is at stake and the secondary med issues along with a few other things that can be service connected -- but the pva mentioned not to file those now. maybe they are right, maybe not

[autumn]

I agree with these replies-

you are the best vet rep you will ever have.

I never had any supportive vet rep and I felt the last ones deliberately took steps to prevent a proper award.I filed a 34 page complaint against them with the OGC.

I am very satisfied with the final outcome.Not thrilled with OGC's investigation-but I am satisfied that the state took steps to

change things there considerably.Three of the (p[ossibly more that I named) will NEVER get the chance to screw up anyone's claim again.

The good part having a POA is this- if the VA tries to say they never received this and that and even though you have proof of mailing it- if the rep has dated copy of it as well in a POA file on you -then it is difficult for VA to say they never received what you sent to them.

who is the OGC ? i'll put that in my tool box in case i need it.

i guess they are all over-worked, the SO that is, but the folks i see that are the most passionate and caring about a claim issue is the vet themselves, hands down.

you are correct about the POA and paperwork and that is a real strong point. i learned that the hard way regarding my c-file a few years back. now that the pva sends med records to my c-file, there hasn't been any issues like that.

i can represent myself - just need to know what to do exactly - can't speak well these days due to speech issues via ms - but i can still type and research.

[autumn]

If you seek the assistance of a VSO, you need to ask them the following questions:

What is the legal framework I need to be aware of, and that you will apply in order to win my case?

What do I need to do, and what will you do?

Will you provide a written plan of action, and what are our options of the claim is denied?

If a VSO can answer the first question, the next two should be housekeeping to ensure all parties are on the same page.

If a VSO cannot answer the first question, you need to look elsewhere.

if the pva told me #1, then i have forgotten that. i mean i know they said they would fight if needed all through the system

#2, they basically told me that stuff, for me to go to the all the C&P's, let them do their thing, and me to have patience

#3, i do have a letter outlining what they are claiming and the increases sought

[Berta]

"who is the OGC ? i'll put that in my tool box in case i need it." Office of General COunsel VA.

They have limited oversight on POAs.

I think the reg is 38 USC 14.633 and here is link to what I mean.

Filing a complaint like this is an extreme step.

I had plenty of documented evidence- no he said -she said - even from their Director trying to appease me by erroneous letters.

About 5 or more reps were involved in my situation and I took a step no one ever took before per the OGC.

I was fed up to have had a similiar experience with the DAV -some reps and sure not all- treat widows like crap.I sued the DAV rep.When I deposed him at the DAV attorney's office I whippped out my award letters. The lawsuit was over as I had mitigated the damages myself. The DAV lawyer told me I should become a member of the bar.I had presented a very probative case.

That too is an extreme step to take. At VA Watchdog there is story of a vet who sued his rep and won. The rep's lousy advise had cost him an EED for TDIU.

VA couldn't legally pay him to the right amount of EED but the vet rep had to via a state court action.The rep had sat on his TDIU form 21-8940 instead of filing it. Every month the rep didnt file it cost the veteran 100% comp that he was eligible for.

Edited February 20, 2011 by Berta

[autumn]

"who is the OGC ? i'll put that in my tool box in case i need it." Office of General COunsel VA.

They have limited oversight on POAs.

I think the reg is 38 USC 14.633 and here is link to what I mean.

Filing a complaint like this is an extreme step.

I had plenty of documented evidence- no he said -she said - even from their Director trying to appease me by erroneous letters.

About 5 or more reps were involved in my situation and I took a step no one ever took before per the OGC.

I was fed up to have had a similiar experience with the DAV -some reps and sure not all- treat widows like crap.I sued the DAV rep.When I deposed him at the DAV attorney's office I whippped out my award letters. The lawsuit was over as I had mitigated the damages myself. The DAV lawyer told me I should become a member of the bar.I had presented a very probative case.

That too is an extreme step to take. At VA Watchdog there is story of a vet who sued his rep and won. The rep's lousy advise had cost him an EED for TDIU.

VA couldn't legally pay him to the right amount of EED but the vet rep had to via a state court action.The rep had sat on his TDIU form 21-8940 instead of filing it. Every month the rep didnt file it cost the veteran 100% comp that he was eligible for.

sorry to hear of the treatment. terrible to have that draped over you when the vet is already dealing with illness and difficult buearacracy.

i have never heard of anyone taking such steps though i'm glad the avenue exists for when it is needed. had been curious of accountability with such orgs. doesn't seem to be any accountability at va though when they mess up though plenty to befallen on the vet.

can i hire you as my legal rep? lol!! kidding. i'll check up on the tips you mentioned and see if they apply to my situation and follow up.

as usual, thanks all for your input. it helps ...