Date Of Claim

[majrrich]

Good Morning All,

I hope someone on this site can guide me on the following situation. I went to VSO in Aug 2006 to file a claim, filled out the paperwork and submitted evidence. I continually contacted them VA said they never received any claim I was unable to get a answer as to why they never sent my claim to the VA they kept on telling me I needed to submit a form correcting the spelling of my name. I told them this was done in 1969 when I was out of the service. I submitted the corrected copy to them with the orginial claim. They made me file again for the change. I received a notice from the Army that the correction was previously made in 1969 All this went on until Jan when I finally sent the VA my request myself. They responded and opened a claim in Jan 2007 after receiving my paperwork that I sent not the VSO

Is there anything I can do to get them to give me a effective date of when I first went to the VSO in Aug The rep I am dealing with is supposed to be one of the best at first he said the claim was submitted and probabuly misplaced, but later admitted it was not submitted because they misspelled my name the orders spelled my name with 2 ss instead on 1

Am waiting for any suggestions

thanks

Rich

[Hoppy]

I am not sure that you have a problem at this time. They could have the ability to use the original date as the effective date when the claim is awarded. Where did the error originally occur? Did the VSO make the error when filing out the form and you signed it without noticing or was it put into the computer wrong by the VA when the claim arrived in 2006.

[majrrich]

The VSO NEVER gave my claim to the VA. They kept on telling me I had a problem because

On My Combat stressor ( bronze Star) my name wasa mispelled but as I saaid I had it corrected with a new General Order in 1969. I gave it to them but they insisted I fill out a DA 149 I think?? to get it corrected. During the time from Aug until Jan they never gave my claim to the VA Office. So I finally sent in a claim on my own with the same paperwork the VSO in Jan. The VA acknowledged receipt and p[laced a effective date of Mid January.

To me it looks like I lost 5 months of anticiaped back pay..,

Thanks for your response

Rich

[Hoppy]

It sounds pretty strange to me. If you do get an award and wind up losing 5 months you might consider taking an action against the VSO. If you wind up getting 100% that would be over ten grand. I have heard of people suing VSO's before.

[majrrich]

Thanks for your opinion, I think my best course of action is to take a wait and see attitude. and act later if I have to. I do have my orginal claim for which was dated in August 2006

Rich

[Berta]

If I were you-I would write to this SOs boss and ask for a copy of the original claim.

It should be in you file with the vet org.

"The VSO NEVER gave my claim to the VA."

Vet reps have no right to NOT file a claim- then again I gave my reps my AO claim and they did not file it nor any of my subsequent claims- I did that myself-

they tried to tell me I was not even on their POA- that odd info (since they held my POA since 1997 as their records show) came from the Director of this state org- I complained to their boss -the Governor-and any more problems-I will complain to the OGC.

The DD 149- that is what they gave you to square away the DD 214-and they did the right thing there-however I think the rep should be accountable for what he/she did here as to the original claim.

Yes- vet reps and SOs, if they cause you monetary damages- can be sued in state courts for malpractice.

Edited June 10, 2007 by Berta (see edit history)

[majrrich]

Thank you for the advice,

I already had a 149 submitted in 1969 and had copies of the corrected orders. and they ignored this and had me fill out and submit another one.

I will make sure I keep all the orginial dated forms and see what date the VA uses

thanks again

Rich