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?

[free_spirit_etc]

Free,

I think it's a VA Form 21-22.

There is a link to VA Forms on Hadit's Homepage

about 3/4 of the way down on the right.

It says, Forms.

carlie

Oh yes. I found that form. Is that all they have you sign? I thought there would also be a form between you and the VSO that would be more specific.

[free_spirit_etc]

Poolguy, there is a case where a VSO was found liable and told to pay up...

Do you have a link to that case? That sure would help a lot on this thread.

[poolguy11550]

Poolguy, there is a case where a VSO was found liable and told to pay up...and, you are unaware of all of the facts and evidence in my matter for you to make more than a generalized opinion; there is always a first time for everything.

I agree with you, but my point was that one must have all the blocks to build this kind case. If you have such, go get them. That's all.

I don't really care for the VSO system as it is and I think it does more damage than good. Lawyers should be allowed in at the the very first stages of the process, same as the SSA.

[free_spirit_etc]

free said,

"But also important to keep in mind, the agency will pull in to defend itself, and sacrifice those whom it perceives to be a threat to it."

Haven't they already sacrificed the veteran/claimant by failing to properly and adequately prosecute the claim to begin with? At this point, isn't the VSO a threat to the veteran/claimant?

I think I am talking about an entirely different kind of sacrifice. The one where they try to crucify you. I am not saying that a person shouldn't try to pursue a claim. I am merely saying that if a person begins that process, thinking that everyone is going to be on board for upholding truth and justice, they might just be surprised. Being fully aware of the risk involved (i.e. crucifixion) is an important part of the decision.

[free_spirit_etc]

Already been crucified before, not on this, but in tangent matters...no fun, really.

Figure it cannot hurt so much the third time...they can use the same wounds...

I'd be happy just to cause some of the ones responsible for it sleepless and worried nights, but seeing them left with nothing, out in the streets with their kids would be even better...

Okay. It might be best if I bow out on this discussion.

[Pete53]

No matter how much you feel that VA has wronged you the best strategy is to win your award and than start whatever remedies that you think are available.