ptsd Problems With Va Representatives

[dlc1985]

I need some assistance with an appeal claim that was suppose to be filed after a new rating came through on my back and ankle. (November 2007) In February 2008, I spoke with my “new” representative (DAV) and sent a letter to him for him to send in the paperwork for the appeal of the current decision. I had periodatic communication with him and he basically told me it was slowing moving through the process. Well in October 2008 I opened a new claim for PTSD and after recently having my C&P it is at the rating board. To make a long story short I called the Representative to check the status of the appeal he was suppose to file and he got very flustered and said he would check into it after the rating board does their thing. I then called the 800 for VA information and they have informed me that an appeal was never filed. Any advise on what to do??? Currently 40% SC and no idea what I will get for my PTSD.

[Maurice]

If you have paper works on the appeal by the DAV and no appeal. Speak to a lawyer that know VA Law. Veterans Friends Please help our veteran with this matter.

[Berta]

"Any advise on what to do???"

Yeah you might be able to Sue that bastard in a state court of law.

Or at the very least report him to the Headquarter Commander of the DAV-

Or better yet report him to whoever heads the Legislative National Service Officers division of the DAV.

If he cost you some money -he is liable for being sued-

And write to the OGC and tell them what happened.(CC that letter to the rep and to the DAV COmmander's office.

He put that claim into the crapper- it is gone, over, and now you have to re-open it-that dumb lazy ----!

He cost you your earliest effectiv date on th original claim.

No wonder he was flustered-he really messed up big time-

the ____ %$$%%^^^%$%))( SOB )

PTSD claim- do you have PH, CIB or CAR on your DD 214? If not can you prove the stressor nexus incident?

[evandc]

That seems to be the same wonderful assistance I got from DAV in late 90's. I finally wrote the National Commander. Got call from head of Columbia DAV Office & he was mad as hell. He just thought he was mad & bad until he called me. I had BVA Appeal Remanded & waiting on C & P & then waiting for file to go back to DC. My SO never returned my calls & found that was his normal service. I did a ton of work for a friend finding a Stressor for PTSD. He didn't get his claim approved, no Stressor. My & his SO told him he was holding it out for later to use when he got turned down.

Good Luck,

Don

Edited April 17, 2009 by evandc

[broncovet]

dlc1985

I recommend trying "CYA". Resend any paperwork already supposedly sent by your DAV rep. Then file a "Special Claims handling" request with your VARO.

If you get rated, then appeal for an EED based on the fact you sent the paperwork in through your VSO. I dont know if it will work, it just gives you one more way to get your back benefits.

[john999]

Do as Berta says and see if you can sue the DAV in state court. I would never trust any VSO to file an appeal for me. I learned the hard way just like you.

[mags1023]

Edited April 17, 2009 by mags1023