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]

I have to say the DAV has represented me with upmost professional fashion. I know there are rotten apples out there but i'm not going to judge an entire org buy a few loose screws.

In any large entity you will have a few rotten apples. The solution is getting rid of the rotten ones and hiring fresh ones that are trained properly and use upmost professionalism. Easier said than done.

My VSO is great and i'm sorry for those that have had bad experiences. I wish everyone's experience was like mine across the board but we live in a revolving world.

Jerr

It is so good to hear positive reports, as well as negative ones. I guess a problem is - if you are the person who the agency dropped the ball on, then knowing they only drop the ball one time out of thousands of times is very little comfort.

I do know some Veteran Service Reps give of themselves way above and beyond the call of duty. However, as you stated, there are also "rotten apples." But then again, someone who gives poor representation to one claimant might actually adequately represent another.

I do know I have read cases where the BVA has stated that the claimant was represented - and lists the VSO. Most generally, this is in reference to why equitable tolling, or some other remedy does not apply - because the claimant WAS represented (and thus should have known whatever it is they are saying they did not know). However, it also seems that in any case, the VA expects you to be represented, and they expect you to be represented by a VSO.

Edited December 23, 2009 by free_spirit_etc