Va Supervisor Threatens Me

[Cruinthe]

So I pass out cards and generally BS with my fellow veterans when I am in the VARO waiting area. I spoke to one young man about his case. After the conversation, a VA supervisor walked up to him and loudly warned him to not listen to my advice, and not to talk to me at all.

Fast forward to today, I went in to the VARO to clarify an issue about my DRO hearing. I asked the same VA supervisor about the conversation he had with the young man, and I was warned again that I may not speak with anyone while waiting at the VARO.

Anyone have any feedback on this?

[Hoppy]

I have heard of that case where filings were not submitted before. However, that is the only case I have heard of. I have never heard of a case where a service org was held responsible when filing a form 9 for not identifying an error or misapplication of the law the VA made . There was a case where by the federal court ruled that a veterans service officer in the federal courts eyes was not bound by jurisprudence and there for no different than your next door neighbor as to a required legal level of performance. It may be different if the service org. assigns your case to an attorney advisor.

If anybody can find that case where the federal court talks about service officers please post it. I lost it when an old computer I had crashed. I have been looking for it for a couple years.

[Berta]

"I have never heard of a case where a service org was held responsible when filing a form 9 for not identifying an error or misapplication of the law the VA made ."

Hoppy I dont think that would be negligence on a NSOs part.

However if a vet filled out a I-9 or the NSO did and the NSo or rep said they would send the I-9 to the VA and never did within the I-9 time frame , in that case they lost the veteran's EED and their appealate rights and if the vet succeeded in the claim via a re open (because that other claim would be dead) and the vet could prove they relied on the rep to file the I-9 that would be negligence.

BVA has stated from time to time in decisions that the claims process is not a one way street.

Any vet with a NSO or rep has to make sure they do what they claim they are going to to do.

I filled a 34 page complaint with documented evidence with the OGC on my former reps.I wasnt happy with the way OGC handled it (they never had a complaint like that before) but in the long run I am quite satisfed with the results within that vet org.Things radically changed for the better.

Every time a vet or widow gets piss poor rep advise, and doesn't complain to someone about it in the org itself- that means the rep will give lousy advise to many other vets who come in the door.I consider it to be a form of enabling if we sit back when we know a rep is giving wrong advise out.

Edited August 13, 2010 by Berta

[Pete53]

This entire thread has been very confusing and difficult to follow.

Cruinthe has posted DAV in several places which is not a VSO but a councilor I suspect at the BVA Board of Veteran Affairs where Vets can get copies of service connection and forms and some councilling. I don't recommend them as I have sat out in the waiting area and heard bad advice given time after time. If I overheard them giving bad advice I will tell the Veteran that they should see a bona fide Service Officer and point out the DAV, JWF, VVA and Texas Veterans Service. Its funny most of the Vets they give the bad advice to are the younger Veterans.

If anyone posts any more to this thread I respectfully ask that who ever we are trashing that we identify them so that there is no doubt.

If I have read correctly and I may be confused but the people threatening or trying to intimidate in this thread work for the VA in some form or another and are not Service Officers.

[LarryJ]

I'm sitting here, sipping my coffee and reading all this. And, I can't help myself, I feel that I must interject a couple of comments. Please bear with me.

#1. It seems that what we have here is a person (Cruinthe) that is representing themselves as an accredited veterans service officer, or at least, telling people that don't know the difference, that they are. Here is the quote " I am helping Norman with his VA claim and that I am certified by the NVLSP as a veterans advocate. " and this person, Norman, not knowing the difference between "certified by the NVLSP" and "accredited by the VA", assumes that they are actually dealing with a REAL veterans service officer.

#2. This is going on in the waiting areas at the VA, and I am sure that the VA knows that this person IS NOT an accredited veterans service officer, otherwise they would not be doing what Cruinthe was doing, and, according to the law regulating the representation of veterans claims, they know that Cruinthe has gone past the "one veteran, once in lifetime" rule as regards their rights in representing veterans.

#3. Am I being an a**hole by pointing this out. NO. I am pointing this out to possibly keep a veteran from being denied their benefits due to the possibility of the veteran following, albeit well-intended, wrong advice. The very reason for someone becoming truly prepared, the very reason for someone becoming an actual veterans service officer, the very reason for someone becoming a honest-to-goodness accreditated and recognized veterans service officer is so that they DO NOT give bad advice, thereby causing the veteran to be denied his benefits. Right or Wrong, the VA's Office of General Counsel (legal dept. in common language) MUST accept the veterans service officer as having met the legal requirements BEFORE they can claim to be an accredited veterans service officer (background checks, knowledge of the law, etc.).

#4. Quite frankly, I feel that Cruinthe has crossed the line, and I for one am thinking that the VA employee in question did a service to the other veterans in attendance that day, by restricting Cruinthe's attempts..................bearing in mind that there are regulations RESTRICTING such activity.

It would be my suggestion, unless Cruinthe wants to keep on pushing the VA's buttons, that they give serious consideration to becoming a REAL veterans service officer, and operating as such, with the malpractice insurance that will provide the veterans that they represent with the fact that the veterans will be protected from such an occurence of following bad advice.

I am now going to bow out of this persons communications on this board, for the very reasons that I have stated. I do not, and will not, have my name, and my accreditation, placed in jeopardy for any reason.

Larry Payne

[Cruinthe]

Love the feedback, as always. Ill try to work my way back through the issues.

First to Larry, I always listen to my enemies, for they are the most honest when it comes to looking at my flaws. One of the first veterans I helped was a battered single mother of three. Her husband roughed her up and tossed her out. She had been 70% for 5+ years, and been denied for Individual Unemployability, no appeal filed, then she filed for it again on her own but things looked bleak. I reviewed her claim, took her to Senator Webb for assistance, filled out a financial hardship expedite request, and within 6 weeks she not only had 100%, she got T&P. I made sure the T&P issue was tacked on to her request as she had no medical insurance for her youngest child.

So let me ask this. Where were the glorious and ever so perfect service organizations for the last 5 years? How much did the VA help her? One of the biggest problems I have with a segment of the veterans community is, they dance to the VAs tune, they dont know any other moves, and they dont WANT to know any other moves. So while people are disparaging me, examining my every single move under a microscope, telling me I "stepped over the line", and countless other jabs, I cant help but wonder something. Have you stopped by your senators office lately? Talked to any news reporters? Stopped by a homeless shelter to check on some veterans? Or is it easier to sit here and bust my balls?

Are you people aware that the suicide rate among veterans is at an all time high? Homeless veterans? VA managers walking away with $24 million in swag? A general approval rate of 4% from any given VARO? I wont bother asking these people to point their finely tuned cannons of perfection at the VA or any of the hangers-on that have lead us into this unmitigated disaster. Selective indignation is a disease with no known cure. In my opinion, only a stark raving lunatic would defend the VA or the status quo at this point.

" I am certified by the NVLSP as a veterans advocate" -- I have not read all this yet-but if you mean you have the Certificate in Basic Veterans Law from NVLSP" -- Yup, thats the one. I have looked into the testing procedure of the VA OGC and found it is only 25 questions, multiple guess. I could probably pass it with no problem. But, the more the VA pushes this issue, the less inclined I am to actually take the test. I do not negotiate with tyrants.

In the end, what saddens me the most is that my honest efforts to help my fellow veterans, putting multiple thousands of dollars into this out of my own pocket, and its me that is the scumbag shyster and the VA is the "good cop". No one asks how they can help, just how they can hurt. With "friends" like this, no wonder the VA has been able to mop the floor with us for 40 odd years.

At some level I expected this because its the same old song I heard the the intrenet "leaders" when I decided to run my claim from 70% up to 100% alone, then file for T&P alone, then put together my ILP plan alone, file for SMC-S alone, file my own CUE for an EED (and won $32,000), make it on to Fox News (anyone else here can say that?), and now trying to share all that I have learned with my fellow veterans.

I have seen the enemy, and he is us.

The VA laughs all the way to the bank.

[jbasser]

Lets keep this topic on point ans it is about to run its course.

We all have our opinions about this issue. Remember we do have VSO's hre at Hadit so if you goys get into a measuring contest take it to PM and keep it off th e board.