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Effective Date Of New Ogc Reg


Berta

Question

This regulation that causes all vet orgs to "recertify" their vet reps or NSOs was published on Jan 10,2008.

It is to be effective as a Rule within 90 days of the publication date.

Aptril the 9th, 2008

I have call in for the attorney at OGC DC who wrote this regulation- which I feel will impact on all of us in a favorable way-

I spoke to the attorney about this some time ago- as my former rep. the main one I named in my OGC complaint- has a last name initial and date of birth that complies with the full reg schedule as to how vet reps will be recertified-

and per this new reg-his recertification has to be completed by April 9th.

I posted all the info on this reg at hadit when it appeared in the Fed Register and it is found at the OGC web site at http://www.va.gov/ogc/accreditation.asp

The main condition of this regulation that I complimented the guy who wrote it on- is that this reg puts the Onus onto someone in authority at every vet org who has to declare whether the rep or SO is competent enough to continue to prosecute claims.

This means no collusion can occur at lower levels when- like in my case- reps were covering up for each other as well as the Director of my POA for errors they had made (the former director -that is of NYSDVA)

This reg means that-if a vet has a formal complaint with merit against their POA and if this complaint gets to a high level within the org or is filed also with the OGC in DC-

Someone has the onus on them to state why and how they determined the rep was competent enough to handle VA claims in order to become recertified.

I still maintain that reps should take annuals tests but they dont have to-

yet lawyers have to go through a test format to handle claims before the VA.

This reg is one small step towards having VA oversight over the orgs that rep us-and that makes it a potential very big and important step-

If a vet definitely feels their rep has been deceptive,reckless, or negligent in helping them- and the vet does not complaint over the reps head-

that veteran is causing the same rep to continue to be negligent with other veterans.

The vet I saw negligence in his matter at Watchdog this AM- after reading further has obtained-on Jims advise, a lawyer-

reps can be sued, and more importantly the VA does have in place a regulation that puts a check and balance on lousy reps who give their orgs a bad name- and can hurt a claimant's potential and cause the veteran to lose money

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Berta you never cease to amaze me and i am sure others at this site.I do have a question in RE: to this.For Example lets say VSO and VARO process a claim without the veterans knowledge or any type of correspondence from eithier VARO or VSO, and BVA makes a decision on this claim denied of course.and the veteran again has no knowledge of this can he pursue negligence on all parties and forgery in RE: to this claim does this make sense.

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If that type of situation all cost the veteran money- it could possibly be negligence- very hard for me to say-

A lawyer with state court negligence experience-who is in your state- would know better then me-on that one-

Hiwever The vet at the Watchdog post - is an absolute case of bonafide negligence-

based on what the vet stated as to what happened.

It pays to write to (so you get hard copy back from them) to any vet rep's boss explaining how you feel they were negligent and this gives the vet org a change to fix the problem before it gets worse.

I had written 3 letters to the Director of my POA,and had sent numerous emails during the 5 years since filing my claim to 4 reps who were supposed to be helping me, and then sent a letter of complaint to the Governor- before writing a formal complaint to the OGC-

In other words if I need an attorney to sue them for negligence-and have one who wants the whole 9 yards on this issue-

I have hard copy proof that I did all I could to get my problems corrected within the state vet rep organization,and then within the VA OGC itself,(getting status today on it all)as well as I have hard copy proof from the highest level of this POA that they dont have a clue on claims.

Just like a VA claim-it takes documented evidence to sue for negligence.

You would not believe what these guys put in writing to me-

I felt like I had been the victim of a major and deliberate Cl-ster ----by incompetents and now I have turned the tide on them.

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Mcafee,

Your correct, Berta is amazing!

While I am not Berta, I do wish to comment on your question.

Anytime someone other than you signs your name it is forgery. Even when someone has Power of Attorney, they have to sign their own name and write something like Power of Attorney for.

So if someone has forged your name to a document no matter who they are, they can be charged criminally.

Document analysis can pick out a forgery in seconds these days.

As far as I know, I have never heard of a RO working a claim that did not have a veterans signature.

Now if the VSO somehow filed a claim on your behalf witout your signature then you could fight that as well.

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"Now if the VSO somehow filed a claim on your behalf witout your signature then you could fight that as well. "

One of the other claimants I mentioned in my OGC complaint-

not only did the rep try to illegally revoke his POA (as they did to me)and I raised hell right away and got him back on their POA but he told me this rep filed an appeal with the BVA for him without his knowledge-on a Section 1151 claim

It didnt make sense as the VA had not even considered the recent evidence he had sent on a Sec 1151 claim-that I prepared becaused I was actually doing volunteer work for this POA org -at the same time they were screwing me-

The rep seemed angry that I also had prepared a 100% claim for him with SMC on another issue something the rep should have caught but didnt even see it-

A few months ago the VA Chaplain told me this vet has died.

I told the GC right away but still that does not alleviate the fact that this is one more incident of incompetence.

The vet left no spouse and no one who could pursue his claim.I really thought his 1151 would be awarded in his lifetime.I think the rep definitely buggered that up real good and I told the whole story on that.

If the rep also buggered his 100% claim- his son might have a cause of negligence claim against them too in a state court.

Not all vet reps are lousy-there are certainly some great ones- who of course are always overwhelmed because they do a good job-

lousy ones will continue to hurt VA claimants as long as veterans who are hurt by them, never take the time to complain about them.

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Thank you Berta and Donews.They did process this claim and there is no original, Copy of the claim itself only copies which anyone can place a signiture to it you see they thought they were smart and did this to process the claim. thinking i would never suspect the negligence or corruption of the two facilities. MMMmmmmm They did have somekind of schnanneginns but i definately was not aware of this claim this would explain the 13 yr appeal open .Now do i address this to the OGC or how do i approch this ? Thank You Berta and Donews and does this actually go to Court ?

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  • HadIt.com Elder

Actually I think that I should put in my two cents about forgery. Its not forgery when my wife endorses a check made out to me and deposits it in the bank as it is a convenience for me. Its not forgery when a Secretary signs her bosses name and put a / with their initials.

Forgery usually involes an illegal gain without the knowledge of the person who has named forged.

If a VSO signs my name and does not provide a copy to me I would consider it forgery

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