Dav

[windy city]

Yesterday I had a meeting with a DRO for one of my claims pending about 1/2 before the meeting one of the people in charge of the DAV office called me into his office telling me that it was not in my best interest for this metting to take place because it was going to affect my rating and this rater can look into my file I informed him that I requested the meeting because his people told me that this was the next step to take but he continued to say that I requested the meeting so we went back and foward until the point that this a###### made me mad that I decided to not have the meeting after all. Today I realized I made a mistake and should have gone foward with the meeting and not let this indivdual talk me out of it, In my heart I felt that this guy was working for the best interest of the VA and not me. I need advice on this one I am thinking in chaging organizations and try to request another hearing because I know that I cen get this claim s/c. before I left is office he told me that to not put anymore claims in because they can look into my chart so what am I suppossed to do not file secondary claims because of fear of the VA looking into my chart or trying to reduce my rating.

[Speaking Out]

SPIKE, please contact Operation Firing For Effect 2008 about this meeting you are having. I think Gene Simes would probably be interested in attending this meeting. You can reach him at offe2008.org, all of his contact info is listed there. This DD214 issue is getting really hot. Also, invite your local state representatives. If Federal elected officials are coming, it would only make sense that local state elected officials should be interested.

[spike]

Speaking Out,

I am pretty good friends with Gene Simes. Thanks you though. I am very much in touch with many of the affiliations. What you do to get the Federal Senators and the liking is, have all the state level representatives there, and then invite the federal. If the State level is being represented then the Federal will only look awkward and embarrassed if they do not attend. Thanks. Speaking out are you from NY

[Berta]

"Berta, Could you PM me? I would like to discuss at your conveinence some of the particulars of how you went about suing the DAV...I am sure I have a case also."

I studied the Federal Court Rules for the specific fed court system I was in-I filed all of the paperwork using their guidelines.

These federal court rules depend on what state you live in.

As I mentioned before- I should have filed in a state court- the state court house is far closer to me-25 minutes away- then the Syracuse court house-but I still feel this was a federal issue and went round and round with the judge on that-

I did this all pro se and got what I wanted- I wasn't after money- I won my claims anyhow after I filed the complaint papers in the fed court, (there is a LOT of paper work on this stuff)and right befotre the depositions--so I suddenly had no damages.

I strongly suggest that you talk to a lawyer who is familiar with state court negligence claims.

You must prove that the rep gave you the wrong advise and that they cost you retro- meaning -your claim was completley solid for a VA award.An award that the rep prevented or hindered you from getting.

A vet recently sued a vet rep and won in a state court- the story is here somewhere and at Watchdog.

The rep has to pay him the retro he lost.

Pro se is not really cheaper then getting a lawyer-

It cost me maybe 1500 bucks or more- to sue him- and that was well worth it.

He will never treat a widow like crap again.

Years later my personal lawyer saw my point on the federal question issue- he could not believe the deposition I got from the rep-it was dynamite-

BUT-I won the claims anyhow- monetary damages are required for any cause of action like this.

If you have had significant monetary damages and can prove it- you sure might be able to get a lawyer on a contingency basis-only paid when and if you win.

Edited January 9, 2008 by Berta

[Berta]

sorry think I said this wrong-

I DID have a monetary amount of damages -that amount was needed in order to file the cause of action-

but the VA awards I got mitigated that damage while my case was in process-

no damages -no basis for further action.

After I hear again from the OGC I will determine whether I want to sue 1.1my other reps-the VA could make an award on my claim at any time so I dont know even in this newer situation whether I have incurred damages or not-I think I will be well satisfied with the OCG results though.

but I will get my personal lawyer to handle it in a state court.

And will certainly post here how all that goes.

The critical question ( which any lawyer will ask you) is

1.what did the rep do to cost you money (with documented evidence)and

2.how did you determine this amount?(with documented evidence)

I cant find the vet's case here yet-I mentioned but this vet's VA award letter itself was proof of negligence.

The vet had proven his VA claim-(#2)but the rep had taken steps to ensure the retro was not going to be right (#1)

[CSM-H]

Berta thanks for the response, going to court is more intimidating than filing a claim with the VA. My issue(s) is/are a little more complicated in that my DAV rep at the instruction of his DAV supervisor (cannot prove)and in collusion with a VA employee (very obvious as seen in documentation) "split" my issues saying that they were not timely filed. Because of this my case has been in the RO and now the BVA a total of 4 1/2 years....appeal date of Aug 2003. I'll leave it at that and pay attention to the board on how to continue. thanks, CSM-H

"Berta, Could you PM me? I would like to discuss at your conveinence some of the particulars of how you went about suing the DAV...I am sure I have a case also."

I studied the Federal Court Rules for the specific fed court system I was in-I filed all of the paperwork using their guidelines.

These federal court rules depend on what state you live in.

As I mentioned before- I should have filed in a state court- the state court house is far closer to me-25 minutes away- then the Syracuse court house-but I still feel this was a federal issue and went round and round with the judge on that-

I did this all pro se and got what I wanted- I wasn't after money- I won my claims anyhow after I filed the complaint papers in the fed court, (there is a LOT of paper work on this stuff)and right befotre the depositions--so I suddenly had no damages.

I strongly suggest that you talk to a lawyer who is familiar with state court negligence claims.

You must prove that the rep gave you the wrong advise and that they cost you retro- meaning -your claim was completley solid for a VA award.An award that the rep prevented or hindered you from getting.

A vet recently sued a vet rep and won in a state court- the story is here somewhere and at Watchdog.

The rep has to pay him the retro he lost.

Pro se is not really cheaper then getting a lawyer-

It cost me maybe 1500 bucks or more- to sue him- and that was well worth it.

He will never treat a widow like crap again.

Years later my personal lawyer saw my point on the federal question issue- he could not believe the deposition I got from the rep-it was dynamite-

BUT-I won the claims anyhow- monetary damages are required for any cause of action like this.

If you have had significant monetary damages and can prove it- you sure might be able to get a lawyer on a contingency basis-only paid when and if you win.

[windy city]

Windy,

I am not telling you to be on my soapbox, however, a good example. I am at the Chapter Service Officer level. Here is one thing that I am doing for 2 veterans, I've called and am currently organizing Congresswoman Louise Slaughter's office Veterans Direct Aid, Federal Senator Charles Schumer's office Direct Aid, N.Y.S. Senator Maizarz to attend a meeting in the very near future locally, in which I have "circled" the wagons, and I am inviting the United Auto Workers (UAW) who support Veterans, Disabled American Veterans #120, Vietnam Veterans Association #77 (person is on the National Board), Veterans of Modern Warfare #7 Post, Iraq War Veterans NYS Advocate, Marine Corps League #230,going to be there to attend the current issue regarding the DD-214 issue that he has and how it affects his care at the VA level, I might invite the local Airforce Base and the Marine Corps Reserve Base Sgt Major as well. One voice is quiet, but a unified voice must be heard. I am only a Chapter Service Officer. But I also contribute to the publication what every Veteran Should Know. If these people do not attend, I *MAY* release a press release in the publication newsletter, and will bring up the issues to the Department Level. Now there is a difference between myself and who you are dealing with at your NSO. By the way, what VARO or location are you dealing with or DAV NSO Location. I have a directory, it would be ideal if you were in my area.

Berta,

Are you interested in attending this meeting upcoming with the Senators and Congresswoman?

Spike,

I am under the waco, tx jurisdiction. Need help. Does anybody know of attorneys in texas that handle va claims?