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?

[john999]

Berta said you could sue the VSO in state court. I guess you sue them for malpractice. Berta Simmons debated suing her VSO. I know she did not due to some factors. If anyone was going to do it successfully it would be her.

[Dave1433]

I spoke to a neighbor attorney (no VA experience) and he at least agrees in principle with LarryJ that my claim is not yet "ripe" to file an action. I need to wait until the VA makes a final decision on the issue before my time period (statute of limitation to sue) starts to run. All being said the VA might find in my favor anyway so I have no damages at all to seek restitution. This just adds more time to my already 6 year claim and my spending 15K out of pocket each year for my kids health insurance. If I lose my appeal I will not only seek the lost back pay but my yearly outlay for my kids health insurance.

[Berta]

That is correct-I sued my DAV rep but won before I deposed him.

I went to the deposition anyhow and whipped out my award letters -the rep and the lawyer were shocked.

A cause of action only arises when a rep costs us money.

My awards were for 2 claims he said I could never win.My litigation was over but this rep hopefully never treated a widow claimant like crap again.

A TDIU vet sued his rep and won- it was at VA Watchdog.

The vet rep had his signed and dated TDIU form but didnt send it to the VA.

I think the VA sent the vet the form when they raised him to 70% but gave him the recent date of the form as his EED.

He sued for and recovered months of TDIU comp that the rep cost him.

[windy city]

Are you a paying memeber of any of these organizations or are they helping you for free.If you are a paying member than I can understand your frustration but if they are representing you for free than I dont see the reason that you want to sue them when you are not paying a dime to the organization. When I worked for the federal goverment I was a member of the union and paid my dues because you will get a better representation from the union being a member than not being. :)

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?

[LarryJ]

Are you a paying memeber of any of these organizations or are they helping you for free.If you are a paying member than I can understand your frustration but if they are representing you for free than I dont see the reason that you want to sue them when you are not paying a dime to the organization. When I worked for the federal goverment I was a member of the union and paid my dues because you will get a better representation from the union being a member than not being. :)

Well said, and a very good point. Nothing like wanting something for free and then suing if you don't get it!

[Dave1433]

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.