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.

[Berta]

If you re-open the claim that the appeal was never filed on-and if you succeed on that claim-then by taking the date of the EED and then comparing it to the date of the original claim the DAV messed up on-you will have an amount of damages.

Technically there are no 'damages' yet-there will be if that claim evcentually succeeds.

I won 2 of my claims 2 weeks before I gave deposition to my DAV rep and the DAV lawyer had deposed me already too.

When I whipped out my FTCA settlement I thought they would die-the rep said he didnt feel well and ran to the bathroom-the 1151 award -it was obvious that this too would be approved-

Therefore I had no damages at that point-no reason to contiue the lawsuit-

I got what I wanted (I Hope)

this rep had a problem dealing with women-

he had PTSD himself and treated widows of vets like second class citizens.He probaly treated female vets the same way.

He found out we are not easy victims and will willingly take steps to fight back when we get piss poor claims advise.

The dope probably gets AO comp too I think-

and he has a widow to thank for that comp -Beverly Nehmer.

Nehmer V. Veterans Administration One of the most important cases ever -involving Vietnam Veterans.

Beverly Nehmer cost the VA Millions with hlp from NVLSP of course so AO Vietnam Vets get properly compensated for their SC disability due to dioxin.

The DAV lawyer after this was all over- complemented me on the FTCA claim I won ,the way I did the deposition, and Exhibit list,and told me to get into Law School.

Lousy Reps should be brought to task. They hurt not only veterans but the veterans dependents too.They compromise the good reps and burn them out.

We have too many brave men and women serving US of A this very minute to allow these lousy reps to screw up their claims too.

[dlc1985]

Believe it or not got a call from the DAV Rep and now he tells me that he did file the NOD when he was suppose to (which is a lie). He just opened a new claim. He thinks I am an idiot and that I do not know the difference. I am currently 40% SC rated which is why I got out medically from the military. I fell 50 feet while repelling on a training mission when the rope broke in two pieces. I broke my back and I have no ankle bone in my right ankle. (I know 20% each is a crying shame) I was young and dumb. This happened 23 years ago. I now suffer from PTSD and haven’t worked in over 5 years. I am diagnosed with Major Depressive Disorder from the VA. I have completely linked it to my fall in the military so I don’t believe that a “Stressor” is an issue. I am going to take everyone’s advice and write- write- write. And then if I can, I am going to sue the He** out of the DAV. Thanks For your advise and help!!!

"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?

[Berta]

Yeah that sounds like an admission of guilt if he filed a 'new' claim (I bet he messed up on or never filed the NOD)-

if so he is liable for any future retro on the older claim that he has cost you-in a state court action

that %#$%#^#&@#(#*&& er

[sharon]

You need to also file a cliam for major depressive disorder. Make them address both issues.

[Capt.]

Hello DLC, This is so typical of the DAV. I would think that Berta has a good point on a possible plan of action for the Rep and maybe state court action. I am not sure but there may be ....may be a CUE that might be available due to the Rep and failure timeline. If the CUE could reopen a claim that has been closed , which from what you say it probably was , you may be able to continue with it. Berta would be able to know if there is a CUE backdoor to keep you in the loop. I had the DAV on my first claim yrs ago and they screwed it up , then came my reopen after several more decades......DUMB ME. I had a very good Rep from DAV...but he was so overworked , I could ever see him and got shuffled off to someone else locally who was also overworked and not very good at followups or what needed to come next. Somehow I got another state DAV supervisor that really screwed up on part of my claim. The right hand had no idea what the left hand was doing so this is typical for the DAV. Just as your claim has been forgotten , and then the DAV rep has now realized your claim, it is you the Veteran that now is in jeopardy with the VA. You have said that your rep has filed a "new" claim. Is this a new claim on your claims that are rated or did your rep reopen the claim? Was there any type of appeal? Did you get any letter from the VA or your rep telling you of a denial or did you ever get a VCAA letter or an SSOC 21-4138? It sounds like both the DAV and the VA have dropped the ball on your claim. I would try and see what some of the Hadit members say who have experience with this and for sure I would be looking for a new rep and new organization. You had some real good advice from the posters below and I also would suggest keeping those 3 ring binders going and everything gets documented and copied from all parties. I would not trust anyone from the DAV and that especially goes for the VA. I hope you can get some answers to this problem and let us know what happens to your followups and to some of the questions asked here. God Bless, NEVER GIVE UP. C.C.

[Berta]

I kept copies of everything I sent or handed to my rep to submit and I also submitted this directly to the VARO as well.

Anything I mailed had USPS tracking slips and I could prove (when I filed complaint against former reps) that I hand delivered stuff- with their appointment book showing I had been there.

I was surprised to learn here when October Incident was big news- that many got back from ROs any duplicates of evidence they had submitted- I sure never did-

I believe this vet will only attain his proper EED by making a BIG stink about the NOD.

I think only the DAV itself can change this situation.

And only at a higher level than what this vet is dealing this.

It is up to this vet.

How important is that EED to him?

I can post the headquarters info for the DAV ( I went directly to them years ago with a DAV rep problem)

and will if this vet wants to attempt to preserve his EED.

Or he can wait for denial and file NOD and get a lawyer and maybe the lawyer could help with the first NOD-because if he wins the lawyer will get 20 % of the EED anyhow.