ptsd Vso Time Spent On Vets Claim With Definite Diagnosis

[halos2]

Does anyone have any idea how much time a VSO would/could/should/does work on a vets claim with clear evidence of +PTSD? (war related with clear medal validations and reports/citations)

How about when the vet does all the work of writing out all forms, submitting them, writing out rebuttals, NOD, DeNovo requests, requesting new C&P, compiling all evidence, retrieving all medical records, obtaining all buddy letters, and family letters, making appointments at VAMC...forwarding all documents to VARO...

Exactaly what is the job duties of that VSO when the vet has completed all the above? How do they "represent" them? In what manner? What do they do at this stage of the claim as the vet has completed all the evidentiary information?

Edited September 8, 2008 by halos2 (see edit history)

[bobbyq]

Does anyone have any idea how much time a VSO would/could/should/does work on a vets claim with clear evidence of +PTSD? (war related with clear medal validations and reports/citations)

How about when the vet does all the work of writing out all forms, submitting them, writing out rebuttals, NOD, DeNovo requests, requesting new C&P, compiling all evidence, retrieving all medical records, obtaining all buddy letters, and family letters, making appointments at VAMC...forwarding all documents to VARO...

Exactaly what is the job duties of that VSO when the vet has completed all the above? How do they "represent" them? In what manner? What do they do at this stage of the claim as the vet has completed all the evidentiary information?

Normaly as a VSO I do a claim from start to finish. Problem is I think I do it personally because I get personally involved. First I file the original claim on what the issues are. If you do not have all the evidence available as is mostly the case I then have a year to submit the evidence. I request the 201 file from St. Louis, and awards (about thirty forty days), I submit those. I have the vet get all the medical evidence to support his claim from the VAMC. We review his C file from the VA for SMR (service medical records) takes a day or two depending on the severity. We then research his units and assignments. Then I research VA Appeal claims like his. over all I put a good three to six months into the case depending how complicated it is. Radiation case I currently have is a bear, and I have been on it about two years and we are still struggling. It does not look good. We have been denied once. We reopened, etc.

If you claim PTSD and you have the stressor, a CIB, CAR, awards, or citations for bravery under fire then it should be cut and dry IF you have a diagnosis from the VAMC. Then the VA sets you up for a rating exam that is within three months to six. If you are Iraqi war you have get a quick decision, if not hang tough, they will get to you eventually Good luck....................Q

Edited September 8, 2008 by bobbyq (see edit history)

[purple]

bobby, you wrote

"If you are Iraqi war you have get a quick decision, if not hang tough, they will get to you eventually Good luck....................Q "

Wow.....that statement speaks volumes!!! Truly confirms what we all already know and just fuels my anger (and I'm not even affected by it!) :(

[halos2]

Thanks bobby. This is not for me but a male I know who I have helped along the way. Between us we have done everything you said in your response, which I wrote in this initial topic. Filed and vet got lowballed 48% with PTSD with gaf48...did NOD with DRO and DE Novo review and had another C&P with gaf 40. This is over 2 yr process. VN vet with Bronze star"V". His vso gets hyper when he calls or emails a question as to approximate date something may happen. He has spoken with this person a total of 3 times in 2 yrs, and emailed him 7 times and the guy says he is doing all he can to help him but has a couple of thousands vets to work with and can't answer all emails.

So I find it strange considering the vet and I have written all/everything. What is it he is doing? What is he doing to represent him? Is there something different then what we have done that he does or says?

Curious.

[halos2]

Purple doesn't that really bite!! Those who suffered for years and can't take it anymore come forth for help and are pushed to the back of the line again. No one has ever appreciated the VN vets, when they came home, and still now!

Why is it not date approval rather than war approval? Interesting, isn't it?

bobby, you wrote

"If you are Iraqi war you have get a quick decision, if not hang tough, they will get to you eventually Good luck....................Q "

Wow.....that statement speaks volumes!!! Truly confirms what we all already know and just fuels my anger (and I'm not even affected by it!) :(

[purple]

halos2,

if you and this other vet have already done all of the work, submitted the claim, etc....then you don't need the vso! this person is only a middleman. i'm sure there are some vso's out there who do good work...but there are equal amounts who don't.

i'm all for vets filing their own claims. i mean, it's their medical info, their personal business and eventually their money and benefits....why not handle it themselves? it's worked for me and for several other vets i know. just my 2 cents worth.

take care,

[john999]

I think it depends on how many claims a VSO has on their desk. The VARO does 5-6 claims a day and makes a decision. If a VSO has 300 active claims how can they do the work they need to do to win a claim that is more complicated than what a 5th grader could understand? I vote for an educated veteran, or just hire a lawyer to do it. No offense but the VSO's I have encountered should be pushing a broom.

[carlie]

bobbyg,

Thanks for your service.

Glad to see a Service Officer posting here to offer help and suggestions.

Many here have not had good experiences with reps such as calls left

unanswered, info sent or not sent etc...

Thanks for the good work you do to help veterans such as yourself.

carlie

[bobbyq]

bobbyg,

Thanks for your service.

Glad to see a Service Officer posting here to offer help and suggestions.

Many here have not had good experiences with reps such as calls left

unanswered, info sent or not sent etc...

Thanks for the good work you do to help veterans such as yourself.

carlie

Carlie I appreciate your comments. VSO AND organizations are lacking as far as I am concerned. I do a lot of my work out of my house or the comptuer. I have claims in Oregon, Texas, Arkansas, and New Mexico. I just have the vet contact me and tell me where he is and I just walk him through it. The organization I was with just frustrated me to no end. They were to much into "membership and collection of funds for this and that". When I would not comply we ended up parting and the office is a shambles. There is mail stacked up from months past that have not been filed. I try to find VA response letters and I have to go to the VA and get copies, etc. I could go on but the vet is basically on his own, and I do not know why vets do their own claims with some help from people like me. I love the work but I do not want affiliation. A vet is a Vet PERIOD! Does not matter what war or period. Claims in the VA sometimes just sit. For instance I have a year old claim and finally they are going to do it, but the claims person was going on vacation and would do it when she got back. I called two weeks later and they had removed the claim from her desk and sent it to a different city to work while she was on vacation. Now my question is, if we are taking claims in from another city, WHY are we sending our claims out to be worked? Ask the VA that one! Claim still took about three months more to be done. Could go on but you get my drift. thanks again......................Q

[MRRRR5]

Carlie I appreciate your comments. VSO AND organizations are lacking as far as I am concerned. I do a lot of my work out of my house or the comptuer. I have claims in Oregon, Texas, Arkansas, and New Mexico. I just have the vet contact me and tell me where he is and I just walk him through it. The organization I was with just frustrated me to no end. They were to much into "membership and collection of funds for this and that". When I would not comply we ended up parting and the office is a shambles. There is mail stacked up from months past that have not been filed. I try to find VA response letters and I have to go to the VA and get copies, etc. I could go on but the vet is basically on his own, and I do not know why vets do their own claims with some help from people like me. I love the work but I do not want affiliation. A vet is a Vet PERIOD! Does not matter what war or period. Claims in the VA sometimes just sit. For instance I have a year old claim and finally they are going to do it, but the claims person was going on vacation and would do it when she got back. I called two weeks later and they had removed the claim from her desk and sent it to a different city to work while she was on vacation. Now my question is, if we are taking claims in from another city, WHY are we sending our claims out to be worked? Ask the VA that one! Claim still took about three months more to be done. Could go on but you get my drift. thanks again......................Q

Overall I believe that the service organizations do care, however, I also believe that their "unwritten #1 priority" is getting "membership" which equals $$$$.

If I had known about this sight "before" I paid my $240 lifetime membership, I may have reconsidered.

[halos2]

I guess my point is how can a SO act so smug when this vet calls or emails him when he (SO) has done nothing...the vet and I have done it all and he emails the vet back 2 weeks after the vet asked if he knows of what process his DRO steps it is in, esp. since he told the vet after his 2nd C&P was done he should hear something back in 4-6 weeks.

It was 4 mths and 1 1/2 weeks ago, and he has the gall to email the vet that he has thousands of claims ahead, and no time to call or email the vet with nothing and he is doing all he can with his claim! Doing what???? He hasn't done a darn thing, notta, zilch, zip, nothing but did walk a fax across the hall one time. Yet watch him try and take the credit when the vet and I get it approved. My point, be nice and glad some vets do do all the work, and an email or phone call when he has done nothing wouldn't hurt.

If you can take the heat, get out of the kitchen, or office. Bet supervisors think this guy is working hard... We were told yrs ago we needed a SO to file the claim.

Just po'ed as all the time put into this and waiting game go on and on and on and on...and this guy tells him weeks because his claim is a straight forward one.

The vets organization did say make sure your dues are paid...Also they have access to the computer system and can read the status of the claim on the site as they pay 60k a year to have the accessibility, so use it!!

Wish I would have found this site 4 1/2+ yrs ago...and you all have a good day as I gotta drive 130 miles to my appt one way. Thanks for letting me vent...you guys are great!!

[danang_1969]

I sure hope everyone has more communication with their VSO than I have had in the past. Most of the time when I call, I get a receptionist, "I'm sorry he is helping another veteran", or he is in training the rest of the week and it he won't be back until Monday". I want to say, I hope the training learning the importance of communicating with the veteran in a claim.

Eventually I say let me give you my number and let him call me back at his convenient time. I can only remember getting one call back out of many attempts to communicate with him. Occasionally I will get a confirmation letter from the VSO saying they have received and submitted the paper work in my claim that I sent.

I belong to 3 different serivce organizations. DAV, VFW, The American Legion. Of course you can't change SO's in the middle of the stream.

[Berta]

The regs have changed within 38 CFR, 14.626 et al regarding service officer and vet rep responsibilities.

I have not been able to read the actual new regs yet but this is info I just got in the VBM 2008 edition.

One thing stands out- vet reps are not allowed to file any "frivolous or fraudulent" claim.

What bothers me there is fraudulent is obvious but what is the definition of frivolous?

What might appear on the surface as frivolous might well have a logical basis.

True case- a woman killed her husband, a PTSD veteran. When she got out of prison she applied for DIC. The BVA found the veteran's PTSD had caused him so much violent behavior towards her that his PTSD had contributed to his death when she killed him fearing his abuse.The BVA awarded DIC.

At first glance this DIC claim might have appeared frivolous to a vet rep.

Also this standing reg continues and many don't know of it-

any one at any time-without any formal training in VA case law may represent a veteran on a VA claim - on a one time basis.

As long as the 21-22 POA form is filed, the regs do not prohibit anyone from doing this.

Also any communication or intent to apply for a VA benefit regarding a specific veteran can come from a Congressperson, or someone acting as "next friend" of the veteran who is not considered as "sui juris". 38 CFR 3.155

(sui juris meaning having a legal right in their own)

Also this Section omn advocacy in the VBM again reminds us of Roberson and that ALL benefits a claimant might be entitled to should be "liberally construed" by a 'sympathetic reading' of the veteran's evidence and submissions.Roberson V Principi.

it sounds good but I feel a vet should clearly claim every condition they want service connect for either direct sc or secondary and that a good service rep will be able to identify those potential secondary disabilities when they file the claim.

Edited September 11, 2008 by Berta (see edit history)