Carlie

[Berta]

I filed my 14.633 complaint in October and never read this before at the OGC site or the Federal Register site:

VA Published Accreditation Regulations

On October 12, 2007, VA published in the Federal Register final rule AM29, Accreditation of Service Organization Representatives and Agents, amending 38 C.F.R. §§ 14.629 and 14.633. The final rule will: (1) require veterans service organizations (VSO) to periodically recertify the qualifications of accredited representatives; (2) require VSOs to notify VA's Office of the General Counsel when a VSO's request to cancel a representative's accreditation is based on misconduct or lack of competence; and, (3) add procedures for suspension of accreditation and reinstatement following suspension.

After publication of the proposed rule, the President signed Public Law 109-461 amending chapter 59 of title 38, United States Code, governing the representation of veterans before VA. As a result of these amendments, proposed procedures for the periodic recertification of agents were dropped from the final rule.

In comments to the proposed rule, VSOs expressed concern regarding their ability to recertify representatives in a timely manner. To address this concern, the rule is effective 90 days from the date of publication, January 10, 2008. Moreover, compliance dates for recertification of accredited representatives will be phased in over a 15-month period according to the first letter of the last name of the representative and the first group of recertifications, for those representatives with last names beginning with the letters A through F, must be complete not later than April 9, 2008. For questions regarding this rule, please call VA's Office of the General Counsel at (202) 273‑6315.

(Link to full text of final regulation)

from: http://www.va.gov/ogc/accreditation.asp

Whoop ti DOOOOO - the rule will take time but still here is some oversight on these reps from the OGC---

If lawyers have to take tests to rep vets then vet org reps should be tested from time to time too----

they all have about a year to get up to speed.

Good news that I just found thanks to Carlie!

[Berta]

PS-the actual reg does not mean they are requiring reps to take annual tests- I just wish it did-

the Fed Register has the complete regulation and what it calls for is re-certification- meaning someone in charge of vet org reps (and state reps) has to formally somehow -by performance appraisals etc-determine that the rep continues to be competent enough to represent claimants.

The actual reg contains the public comments from some state orgs and chartered orgs.The lawyer who is named as the contact person for the OGC and appears to have written this reg is the same one I spoke to in October who told me to send my complaint directly to him.

I am encouraged by this new regulation- but many vets simply get a different vet rep if they have gotten lousy service for their claim.

That changes nothing-the rep who messed up there claim just goes on to mess up some other vets claim.

Any vet or wiodw can file a complaint under 14.633 (38 USC) with the OGC if they have strong belief and better yet even some proof that their representation hindered their claim.

Edited December 28, 2007 by Berta

[carlie]

Thanks Berta - I'll study that USC reg.

carlie

[luvHIM]

Thanks, Berta and Carlie...this is particularly interesting news to me, especially since I discovered that my VSO was removed in November and I now have a new VSO (a female). I have already talked to her (she called me). That was a shock. I spoke with my previous VSO about four or five times in 2 years.

Maybe things are about to change for the better. I'm sure news/media coverage in the past months and the big donation DAV just received from GMC doesn't hurt their realization that change is necessary.

[Berta]

LUVhim I was stunned by this info-

The VA itself does have some oversight regarding these vet reps.

The VA lawyer Mike-who is mentioned in the actual Federal registry as the contact person and I think the one who wrote this-was just great to talk too-

as I have found everyone at the Washington Level of VA to be.

What a difference to be able to talk VA talk with someone who fully comprehends the regs etc.

I have heard nothing yet from him but recently sent him some info I felt he should have.

I am so upset about it might as well briefly gripe here-

I was witness to intimidation of an elderly cancer patient by my POA who forced him to rescind his POA because- get this-

the vet brought him more info from me for his claim- and this was a vet the rep had initially asked me to help!

I had clear email documentation of how I rasied hell over this event and got a higher level rep right at the RO to pull the revocation out of the PC-

(at least he said he did in email- but that too might have been one more piece of documented fiction from these guys)-

The VA Chaplain told me recently this vet had died and I had asked the OGC to look into his case-in my complaint.He had an excellent claim.

I dont think they even supported it at all- the vet who pulled the revoke fiasco told him a different 1151 claim he had went to the BVA.(I was asked to prepare the NOD-I found clear medical evidence if medical error that caused him additional disability but it wasnt worth much- maybe 10%-the other claim I prepared was for another matter and worth 100%.)

The vet told me this by phone last year-

I was surprised- how would it get there without the vet knowing and the rep had told him it was "in Washington"-he said he didnt file out any I-9 -the rep must have- and besides this RO doesnt work that fast-

I was heartbroken when I found out he died but I am glad I told the OGC about his claims.I hope the news of his death doesn't mean Mike at OGC cant look into it further.

Edited December 29, 2007 by Berta