Can You Sue Your Service Organization For Mistakes.

[Dave1433]

I wanted to know if anyone ever tried to sue their service organization for gross errors in handling their claims. For example, if the service representative in charge (ie DVA, PVA, Am Leg.) failed to file paperwork perfecting a claim for benefits that the VA should have granted, is the service organization open to lawsuits for the gross neglegence of that employee's failings caused the vet to lose @ 75K in back benefits?

[Pete53]

You can sue them if they did something wrong but they are slippery weasels. I know of one Hadit Member who sued them and won.

[jbasser]

If you can prove it then you can seek restitution from the Org that caused you Harm.

They can and have been sued before.

J

[Dave1433]

In short, I filed a NOD to a 2003 claim stating that the VA failed to consider my MS related fatigue, ulcer to meds and to increase my right sided upper and lower weakness claims from 20 and 10 percent to 40 and 20 percent. They filed a SOC and I appealed. Then in 2006 the VA finally looked at my fatigue and ulcer claims, denied them and denied the increaded rating for right side also. I filed a NOD and they issued a SOC. After that, my service organization told me not to file anything else because the claims related back to the 2003 claim. Rep said he had over 26 years experience and knew for a fact I needed to do nothing else.

Now the BVA is saying there are timeliness issues with my fatigue, ulcer and right side weakness increase claims that I raised in my Sept 2009 BVA hearing as such :

"The Veteran is also raising the issue of timeliness of his appeal of a 2006 rating decision with respect to its denial of his service connected fatigue and initial evaluations for ulcer and right side disabilities. In the alternative, he is also seeking an increased rating for ulcer, right side disabilities and to reopen the previously denied claim for fatigue. As these issues have not been adjudicated, they are referred to the RO for appropriate action."

As such, it appears that the claims I thought I had dating back to 2003 (which would increase my current 90% rating to 100%) may not even be in play until the Sept 2009 BVA hearing when I raised them orally. As such I could be out over 75K in back pay due to my service organization telling me not to appeal the 2006 decision. There is no doubt I am due the claims as I can only work @ 25% of my prior to disability time due to fatigue and all the VA doctors agree in writing.

[jbasser]

At this stage you should discuss with an attorney. There are going to be POA issues, such as who said what, what is in writing and ECT.

J

[Dave1433]

Does anyone have the name of the vet or better yet attorney who won this type of claim in the past as I would like to retain him for my case. I find that most attorneys have no experience at all in this area and I really do not want to pay an attorney to learn the VA ropes on my dollar if you know what I mean. If anyone knows of attorneys in the Western PA area with experience in VA claims that would help too.

thanks

[LarryJ]

In short, I filed a NOD to a 2003 claim stating that the VA failed to consider my MS related fatigue, ulcer to meds and to increase my right sided upper and lower weakness claims from 20 and 10 percent to 40 and 20 percent. They filed a SOC and I appealed. Then in 2006 the VA finally looked at my fatigue and ulcer claims, denied them and denied the increaded rating for right side also. I filed a NOD and they issued a SOC. After that, my service organization told me not to file anything else because the claims related back to the 2003 claim. Rep said he had over 26 years experience and knew for a fact I needed to do nothing else.

Now the BVA is saying there are timeliness issues with my fatigue, ulcer and right side weakness increase claims that I raised in my Sept 2009 BVA hearing as such :

"The Veteran is also raising the issue of timeliness of his appeal of a 2006 rating decision with respect to its denial of his service connected fatigue and initial evaluations for ulcer and right side disabilities. In the alternative, he is also seeking an increased rating for ulcer, right side disabilities and to reopen the previously denied claim for fatigue. As these issues have not been adjudicated, they are referred to the RO for appropriate action."

They are saying here that these issues have not been adjudicated as of yet. Gonna be hard to sue the VA over issues still awaiting adjudication.

As such, it appears that the claims I thought I had dating back to 2003 (which would increase my current 90% rating to 100%) may not even be in play until the Sept 2009 BVA hearing when I raised them orally. As such I could be out over 75K in back pay due to my service organization telling me not to appeal the 2006 decision. There is no doubt I am due the claims as I can only work @ 25% of my prior to disability time due to fatigue and all the VA doctors agree in writing.

There is an issue that needs to be brought to everyone's attention:

When you are using a VSO, or a particular person, as having your POA, then the water gets increasingly muddy as you go through the so-called "claims process", ESPECIALLY if you are ALSO responding to particulars ALONG with, and without the knowledge or co-ordination with, your assigned POA. For then, if certain claims are brought as to the inappropriate outcomes sometimes encountered, it becomes a legal jambalaya of "he/she said/did/didn't, etc.".

Am I advocating NOT using a VSO, Service Officer, friend/assistant? NO. Am I advocating USING a VSO, Service Officer, etc. NO. There are many of you, hadit board members that are perfectly capable of taking your claim COMPLETELY through the entire process, from beginning to end, successfully. There are other of our hadit brothers and sisters that have trouble constructing an intelligble sentence.................so, as we differ in our ability to deal with the VA and it's structured claims process, so also should our reliance upon "others", to help us. Some can find that help here, on this board. Some need to be able to "talk" with someone and to rely on them for help.

So be it.