Sueing A Vso

[carlie]

Anyone have info. handy to share on sueing a vso ?

Thanks,

carlie

[Pete53]

Ask Berta she nailed the DAV

[Berta]

"nailed" is a good word-

Pete- I learned the right way to do it-too----

If a service officer causes you damages ( a complete loss of a monetary award) directly due to their negligence-you can sue them in a state court.

Fortunately - even claims that have lousy POAs can succeed eventually- and there are no damages to be recovered.

I suggest that you write to the National Headquarters and to the Commander or Exec board of the vet org regarding any SO who has been negligent -

State clearly why you feel this SO has caused you detriment-

give them some facts that are documented.

Like- say a SO says he will file an appeal (or NOD)for a vet- the vet finds out the appeal (or NOD)was never filed within the year appeal time.

The vet can re-open but he/she has lost the EED.

The SOs defense however could be that the ultimate responsibility for these filings fall on the vet- good point- or simply say he was 'new' vet rep, or poorly trained or just plain stupid.Dont know how the vets chances would be on that case to succeed in state court-

I feel a vet should NEVER depend on an SO to do ANYTHING!

Then again- say a SO (I had similiar case) tells a widow claimant -the claim died with the veteran-and they fail to say that the widow can resurrect the claim-the widow does not know any better and has no reason, based on this SOs statement , to pursue a claim and then years later she finds she was eligible for DIC and also accrued benefits.

The SOs advise (if she can prove what he told her-like his appt book etc resulting in meeting with no claim filed) has cost this widow money.

She files for DIC and accrued 5 years later, after getting a better vet rep and is awarded these benefits-however-since she did not file within one year after the vets death- due to the SOs statement, she has lost forever 5 years of DIC-but

she has basis for damages in a law suit.

Best bet is to go to the SOs boss and complain- with facts-in a letter first. Then if financial damages have actually occurred and cannot be recovered via better representation and the evidence warrants the benefits,

then that is basis for a law suit.

I filed in federal court-dont do that-use the state court-

I had no damages as my awards came after the suit was filed-

still I had taken a deposition of the SO and it was dynamite-

and I enjoyed the look on the faces of him and his lawyer when I whipped out my settlement with the US of A-I had three awards from the VA with me and he said three years before that , that I had no basis for probative claims at all-

I argued his point (thinking this is what any NSO would say)and re-opened but his attitude continued to be very negative and he had no faith at all in what my evidence rvealed.

Complain at the highest level first and give specific facts-as to how the SO is hindering your ability to succeed.

Carlie- I only know of a few vet reps locally-after 20 years of this- who are really good and also up on all of the latest regs etc.

It is really up to us and not up to them to succeed.

The vet rep POA I have in the VARO building is excellent-when into conference with them twice for me when they screwed up---he felt I had succeeded in Sept with more than enough evidence- but still it is solely the medical evidence that will win my claim-and not his expertise.

Edited April 17, 2006 by Berta