RSG Posted September 18, 2008 Share Posted September 18, 2008 Hi folks, After receiving the Info from the BVA judge, and my service connection being granted, do I need to file some more forms for the retro, or should I just give all the info to an attorney and let them handle it. Called BVA and they say that my claim now goes back to the VARO and the make the decision about my percentage of disability. I am confused was to what I need to do now. Can anybody point me in the right direction or do I just need to sit and wait or the VARO to finish? Thanks Link to comment Share on other sites More sharing options...
Berta Posted September 27, 2008 Share Posted September 27, 2008 Ron- and all- don't forget that we all have the right to file a formal claim against any vet rep with the Office of General COunsel. The reg is 38 USC 14.633 and the complaint has to be shaped so it falls into the criteria they will consider- Also the complaint should be supported by evidence. The OGC told me weeks ago that my POA had filed a rebuttal to my complaint and would not be able (yet) to tell me what it said. I asked if they also had sent in evidence to support statements in their rebuttal and when I heard they didnt I just bust out laughing- I was able to give documented evidence that shows 3 or 4 them and their former director were negligent. While loooking for a BVA decision I found a 2008 BVA decision whereby the veteran died and the widow filed a DIC form with a NYSDVA rep. The VA continued to send the vets comp checks- the widow apprarently cashed them waiting for her DIC award. Long story-she got a bill for over 100,000 bucks from the VA -an Overpayment! She was able to mitigate about half of the overpayment as she proved the vet rep had gotten her claim but had failed to even file it- the DIC form would have triggered VA to ask for the death certificate and stop the veteran's comp check. I sure hope this widow sued them in a state court. She still owes the VA about 50,000. There are plenty of good vet reps Rons- but the lousy ones are the ones who hurt us- I was the only claimant who ever filed a OGC complaint like this. The OGC has filed them against a few lawyers. As Dr. Phil says- 'we cannot fix what we dont acknowledge'- it will take complaints from veterans to the head of these POA orgs and then pursued by the veteran or widow - if that does not resolve the issue-with the Office of General Counsel. Regardless of the outcome of my complaint-it has certainly created documentation regarding this POA org and I recently told the BVA to get the complaint-the OGC isnt far from the BVA-as the POA 'forgot' to tell the BVA about it when they motioned the BVA for relief as my POA. I am so sorry that this stuff happened to you- it angers me to think that these reps are well paid to be negligent-at the expense of veterans. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
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RSG
Hi folks,
After receiving the Info from the BVA judge, and my service connection being granted, do I need to file some
more forms for the retro, or should I just give all the info to an attorney and let them handle it. Called BVA
and they say that my claim now goes back to the VARO and the make the decision about my percentage of
disability. I am confused was to what I need to do now. Can anybody point me in the right
direction or do I just need to sit and wait or the VARO to finish?
Thanks
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