Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

My Poa


Berta

Question

They said they sent me a certified letter saying why-

I think I am much better off without them-

however they screwed up my claims enough so I am filing complaint with the General Counsel.

Link to comment
Share on other sites

  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

14 answers to this question

Recommended Posts

They said they sent me a certified letter saying why-

I think I am much better off without them-

however they screwed up my claims enough so I am filing complaint with the General Counsel.

I hope things work out for you Berta.

Link to comment
Share on other sites

  • HadIt.com Elder

Berta,

I am guessing that they do not wish to represent someone that makes their expertise of the VA system stink!

I find most of the service officers to be dumber than dumb!

I would complain though.

Josephine

Link to comment
Share on other sites

Berta, Im sorry to hear they dropped you. Maybe you didnt need them anyway!! My VSO told me once that I couldve done all the stuff myself anyway. You seem to be more on top of things then them anyway and you seem alot smarter then them about VA regulations and the how to's of 38CFR. Think of the story that you will tell in the end about, how long it took and even though they dropped you, you still over came and won.

Link to comment
Share on other sites

They said they sent me a certified letter saying why-

I think I am much better off without them-

however they screwed up my claims enough so I am filing complaint with the General Counsel.

From reading your articulate and informative summaries, I would say you ARE better off without them.

Cheers!

Link to comment
Share on other sites

  • HadIt.com Elder

What a bunch of jerks these VSO's are to vets and survivors. All that talk and when it comes down to it they do a half-ass job on the claim. You are better off without them. I hope you can get them to pay you for malpractice or something Mal. One of them made an argument one time that although I had a medical condition my real problem was a severe personality disorder???? This was from the VSO. What an idiot. I could have shot him if I really did have a sociopathic personality. He killed my claim.

Link to comment
Share on other sites

John-yesterday AM they -my POA received copy of my response to the first legal VCAA letter I have gotten in 4 1/2 years.They said they sent me a letter immediately yesterday AM- so maybe that is why-

I stated as part of my response to RO- what they got copy of--because it is unclear exactly what claim this VCAA letter is actually on-

that recently my POA confirmed that the 2003 letter I received was not a VCAA letter in compliance with the regs.

That happened on July 13th 2007 at the Bath NYSDVA office -and a well trained vet rep determined this right away-

In past correspondence from their director he stated that the letter I got WAS legal-

a notation in my POA file however showed he asked someone at their Buffalo office to check what I got-

no one apparently ever did until July 13th 2007-years after the fact-

when I asked this other vet rep about it --- he read it and said no it isnt a legal VCAA letter-

I needed to raise this issue to VA because I never received an election notice on that claim either and had to turn the election notice for this other claim into one that would again bring my IMOs to light.

I still dont know why they rescinded but this might be why.

Two reps lied to the Director about this -he never saw the actual VCAA letter I got-

I called VA again and they told me this had nothing to do with the movement to the DRO and would have nothing to do with the adjudication of my claim-I deal with DRO myself now.

I emailed the Governor too as I had complained about them before and I requested that they not destroy my records at their offices until I can get a resolve from the GC.

The state of NY pays them.The governor's office will get that request to them.

I think they jumped the gun not knowing that one of their own reps agreed that my VCAA letter was not legal.

Link to comment
Share on other sites

Berta - the only thing I can say is worthless! They must really be scared and can not deal with someone who knows the system as good as or better than them.

Link to comment
Share on other sites

your VSO dropped you? that is huge. VSOs may not always be the best trained or knowledgeable, but they do very much want to take care of their vets. it is rare indeed for a service organization to drop a client. in eleven years of rating claims, working appeals, and doing bva remands, i can count on two hands the number of times i have seen a service organization drop a vet. did they give a reason?

Link to comment
Share on other sites

They would not tell me why- but said they mailed me a certified letter.

They threathened to drop me before when I pointed out errors in the way they were handling my claims.They said if I continued to prosecute my claims myself they would drop me.I sent my evidence to them and also to the VA-

but they did nothing whatsoever to prosecute my claims.

I have considerable documentation that can support a very valid complaint to the GC against three of them to include the Director.

I think they thought I could not back a statement I made in my recent VCAA response about my illegal VCAA letter of 2003.But I can.

I really dont know-why they did this-

It IS huge!

At least now I can go one to one with the DRO.

The last time my POA did that they lied to me as to the results of what the DRO was going to do with my IMO. The SSOC proves they lied.

One thing is for sure- there is something wrong when the VA has received my medical evodence countless times-and then it always disappears.

This POA stated my initial IMO was rejected by the VA.

It wasn't-the VA must provide full medical rationale when they reject or rebutt an IMO.They never rebutted or rejected it- Dr. Bash was livid-

his opinions were never treated like that before-

The director then stated to me that I could expect the same results with my second IMO.(I guess he meant it would never see the light of day at the RO)

They would not support me when I requested immediate remand from the BVA last year-due to legal errors- I got the claim right back and THEN they filed a 646 asking for it to come back-to cover their butts-

Basically the director has indicated to me that they control my IMos and whether the VA sees them or not.

They have never been rebutted at all by the VA and never considered in 3 years by the VA.

Although the IM0s came back with the claims file from the BVA (I sent copies to the BVA just in case they werent there-again-)

the VA in Dec 2006-= months after the remand- told me they were again-missing.

In my recent response I attached them all again and copied them on the back of something-it was the DRO election form for 2 CUE claims-

the IMOs have nothing to do with that.But since these IMOs keep disappearing I figured why not .

Apparently this DRO election form-that VA did receive-

which contained my AO death claim IMOs again could not be removed from my c file.

The most significant action I have received from the VA occurred this AM.My claims went to a DRO.

I assume it is a different one than the first DRO.

They (NYSDVA) had already rescinded my POA at the VARO yesterday AM -I just found out-and

that means they cannot screw up my claims anymore.

Widows get unconscionable treatment sometimes-from POAs- but I am going to give testimony to the GC as to how my POA intimidated a WWII vet-

along with my own complaints.

I was asked to volunteer to prepare a NOD on the vets 1151 claim.

I came back with the NOD supported by evidence in the med recs and also with an additional claim that was a real beauty-

after the intimidation seemed to get fixed I asked this rep why he did this to the vet (who has just been diagnosed with a terminal illness that could have been due to what I file a claim on for him-)

the rep stated that he didnt understand the claim so he tried to kick the vet out.

He didnt need to understand it- it was perfect.

I raised Holy Hell with them on that and they rectified what they did-

(I think) but in the long run that is what might have spurred this latest event.

Also they tried to get me to somehow change a PD denial into a PTSD claim.I interviewed the vet- the PD diagnosis was correct.He was friend of my rep and the rep got ticked that I could not perform a miracle.

I worked in a PTSD combat group at a vet center-there is no way to change bonafide PD into bonafide PTSD.He got mad at me when he handed the PD claim to me one more time to "try again" and I handed it back to him-this time like it was a dog turd.When the vet had been awarded a pension he told the vet he got him 100% SC. He read the info wrong.In order to make up for his error to the vet he has continued to pursue the PD claim.Since the PTSD claim is not valid at all.

The director stated to me )documented) that I had never even been in their POA office since 2001 and I have witnesses that I not only was there but that I was helping some of their POA vets.

Shows you a little of what I dealt with-

I am not the only claimant they have who never got a legal VCAA letter.

I sent the Governor a list of BVA cases they handled where the vet or widow got the same lack of VCAA Notice and they allowed that to occur.

Link to comment
Share on other sites

hmm, i guess i have a general idea as to why they dropped you. you were basically prosecuting your own claim anyway, so what did you need them for? plus you were prosecuting at least one other vet's claim for him, the 1151 claim, and they probably considered that to be interference.

have read some of your posts and you seem to have extensive knowledge about va laws.

but remember that so do the decisionmakers reviewing your claim; it is what they do all day, every day. and where you may know the written rules, they know all the unwritten ones. likewise, the POAs have some knowledge of the unwritten rules, the "way things work," because that is what they deal with all day, every day. so you have to have a little trust in them. looks like they felt you were unwilling to do that, and they cut you loose.

well, that is okay, you have the tools you need to go it alone. good luck with your claim(s).

Link to comment
Share on other sites

  • Moderator

Berta, go ahead and file your complaint to the general councel. It is a matter Knowledge. You showed t hem that you have much more information and Knowledge than they have ever expected to have and the Service Officers are embarrased for your abilities are way too far over their heads.

Dont worry about too much.

Great Job in exposig their weaknesses.

J

Link to comment
Share on other sites

B)

I rather have you as a P.O.A then the DAV, Your are better qualifed

Jim

Link to comment
Share on other sites

  • HadIt.com Elder

x

x

x

Berta, I appreciate your prosecution of the bogus VCAA letters that are being sent out! Most are so inadaquate! When the RO asked if I had a VCAA letter, I had to go back a second and third time to see if in fact you could call it that! I imagine the VCAA Letters are MOSTLY generic, if that, and not being designed for the lawful purpose.

As far as having a POA, it surprises me that you kept one for this long! I dropped mine in yr. 2000 and deal with the VA alone, we do anyway!

You do know - that you come off as a One Woman Army, being so, you are BOUND to step on some toes and ego's!

Why in hell haven't you been requesting PERSONAL HEARINGS?!

Are you certified yet as a POA yourself? If not, why not?

You hang in there kid, keep fighting . . . We have your back! Adora

Link to comment
Share on other sites

Adora-thank you so much for your support and all others here-

You moved a mountain with VA and I will never forget that.I admire you so much!

I just got off phone with someone at the Govenors office and also with the OGC.The State of New York has 2 files on me and they better not have destroyed them.

The OGC gave me a number to call tommorrow for a lawyer at General Counsel who handles matters like this.

I still have no idea why they rescinded-seems like they did it very quick upon receipt of copy of my response to the VARO regarding my claims.They rescinded on Tuesday and my claims went to a DRO on Wednesday-it will be different DRO than the one I had and could even be the VSM as temp DRO.

My POA did not know what had occurred at the RO since receipt of my response.

I thought I would have to wait many more months for a DRO to get my evidence.

Buffalo RO is so far for me it would involve more than a day trip- I am in school too-cannot take that time away from that- I dont even think I need a hearing-

I again sent all of my medical evidence to the RO but my POA at the RO building did not have time to even touch my C file so this time I am sure it is all there.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines