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?

[carlie]

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."

Dave1433,

The understanding I have of the paragraph above, the BVA is

stating that these issues are not under BVA jurisdiction at this

time as the Regional Office has yet to fully adjudicate and

promulgate a Rating Decision on them.

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.

Dave1433,

It's going to take a fairly substantial increase to move from

90 percent schedular to 100 percent schedular.

Did you recieve your copy of the transcripts from your BVA Hearing

and verify the issues and evidence that was discussed ?

Even if an issue was discussed at the Hearing, that in and of itself

does not automatically place the issue under BVA's jurisdiction

to promulgate a Rating Decision.

Have you applied or considered filing for IU ?

jmho,

carlie

[windy city]

If you dont like the way they work than dont donate a dime to them they are not putting a gun to you demanding your money. You cant judge an organization based on the mistakes of some memebers of that organization. The DAV in my jurisdiction has been more than wonderful and helpful and yes I am a paid member of this organization and I also have donated money to there cause.In my eyes they have earn ever DIME of donation and memebership fee that I have given. If you decide to sue any of these organization feel free like you said its a free country I wish you luck on your venture.

Not sure what you mean by member but I do and have donated hundreds of dollars to this organization in the past. As far as whether one should sue or not if it is a free service -- I think it really doesn't matter if its a service organization (holding itself out as an expert in the field) doing it for free or a lawyer that you pay for the service --malpractice is malpractice. If the organization representing vets screws up for a vet maybe its time that service organization stops taking public donations and gets out of the business. What if all the service organizations that ask the public for donations so they can rep vets just take the money and then not train their representatives correctly and/or not care at all about properly representing vets. Sounds like that is morally unjust or moreover criminally a fraud. I don't really care if the service was free --if they screwed up they will be sued and if I win -- maybe they will represent the next poor vet a little harder. If I just turned the other way and said -"oh well it was a free service anyway" my next fellow vet who asks for help next will get screwed.

[LarryJ]

Not sure what you mean by member but I do and have donated hundreds of dollars to this organization in the past. As far as whether one should sue or not if it is a free service -- I think it really doesn't matter if its a service organization (holding itself out as an expert in the field) doing it for free or a lawyer that you pay for the service --malpractice is malpractice. If the organization representing vets screws up for a vet maybe its time that service organization stops taking public donations and gets out of the business. What if all the service organizations that ask the public for donations so they can rep vets just take the money and then not train their representatives correctly and/or not care at all about properly representing vets. Sounds like that is morally unjust or moreover criminally a fraud. I don't really care if the service was free --if they screwed up they will be sued and if I win -- maybe they will represent the next poor vet a little harder. If I just turned the other way and said -"oh well it was a free service anyway" my next fellow vet who asks for help next will get screwed.

"Not sure what you mean by member but I do and have donated hundreds of dollars to this organization in the past."

Have you filled out a membership application? Have you paid the regularly stated dues to be a "dues paying member" of this organization? Do you, in turn, hold yourself out to be a member of this organization and are you recognized as such by your fellow members?

Please, don't be disingenuous.

However, having said all that, if you feel that you have been wronged......then, by all means, seek restitution.

I'm just having trouble envisioning your "claim", I guess. I mean, if it has not been ajudicated, then you have a problem, or at least I would think that you have a problem.

[Dave1433]

Regardless of what I donate, (as I have never held myself out as a "dues paying member" and will never fill out an application) the simple fact is that service organizations are just a business like everything else. Some organizations take as much as 95% percent of the donations they get from the public to pay employees, fund conferences, and give other benefits to their workers and the other 5% goes to vets. Non-profit does not mean that the top employess in the organizations cannot take big bonuses and big paychecks. It is just a business. Now, as a worker (only 25% of my pre-disability) I still also pay federal taxes which in part goes to the service organizations for office space so they can pay their employees more. All vets who ever paid federal taxes can therefore say they "paid" the service organizations in one way or another. Holding themselves out as "experts" in the field of representing vets makes them accountable for their actions. Any vet who has ever been wronged thus has the right to sue and be compensated. I am not being disingenuous -just practical.

[carlie]

Dave,

To answer your first basic question, of course you can sue.

Anyone can sue just about anyone or company at any time.

The question I would ask is,would the claim win and is it worth the aggravation.

Something all SSA and/or VBA claimants need to realize is that

ultimately you are the captain of your own ship.

The responsibility of your claims are just that - your responsibility.

We need to know our claims and issues better that anyone else --

no matter who is merely,representing us.

You are correct in feeling that,

"service organizations are just a business like everything else".

You posted,

"Some organizations take as much as 95% percent of the donations they get from the public to pay employees, fund conferences, and give other benefits to their workers and the other 5% goes to vets. Non-profit does not mean that the top employess in the organizations cannot take big bonuses and big paychecks. It is just a business. Now, as a worker (only 25% of my pre-disability) I still also pay federal taxes which in part goes to the service organizations for office space so they can pay their employees more. All vets who ever paid federal taxes can therefore say they "paid" the service organizations in one way or another. Holding themselves out as "experts" in the field of representing vets makes them accountable for their actions. Any vet who has ever been wronged thus has the right to sue and be compensated."

Did you take the time to read your POA form before you signed it ?

They have carte blanche to do - or not do - what they decide to.

As for the neighbor attorney with "no VA experience", you may as well ask

your local garbologist.

Maybe Berta will chime in here with more positive info for you

jmho,

carlie

[broncovet]

Someone brought up the age old question, "Should you have a VSO or not?" IMHO, if you are not sure, or you dont know what a VSO is, then you should probably have one.

You should only represent yourself if you are confident that you can construct a meaningful sentence, and have a good working knowledge of VA lingo. I would add that if you lack the skill to, say, search a CAVC case, then you probably should have a VSO, because you are probably going to have to appeal. Only a small percentage of claims are awarded in full the first go around, most of the awards are granted after at least one appeal.