Vso Dilemna

[chr49]

This is chr49's wife. I help with C's claims so I feel a responsibility here. We live 2.5 hours from the VSO's location so that's been a problem. Cr went to his office to initiate a secondary claim back in January and was instructed to send everything thru him so he could make copies, see that they got to the VRO properly, and he could stay aware of what was going on, so we've complied with that request. Since January, Cr has received 2 letters from the VRO asking for information/evidence. Each time he phoned his VSO, asked his opinion and let him know that we would send him our packet when it was finished. C's never phoned him excessively or held him on the phone(phoned him exactly 3 times since January)and he's always been polite in his communications.

CR's recently received a denial letter, so he phoned his VSO to set up an appointment to see him. When he got off the phone I asked him what was wrong and he said the guy was rude and wouldn't even allow him to give him his claim #, saying he needed to take his letter to a VSO a bit closer to our home. I told him the VSO must have misunderstood, most likely he gets tons of calls and wasn't aware that C's entire file is in his office but C's having a hard time trusting the situation and refused to call him back. Neither of us understand what's happening. But this isn't the end of the story......

When C received the denial letter I noticed that an entire packet of evidence wasn't included in the list of evidence used. The packet was sent in response to a VRO letter and was supposed to be submitted to the VRO by his VSO early in April. I want to believe it was sent because the VSO sent CR further paperwork for his files after receiving our packet. The VRO claims they never received the packet. So how does C handle this from this point on?

Is it proper for C to look for another VSO or is that a no-no? If so, does he need to stay with the TN DVA? He really doesn't think this VSO wants to help him anymore.

Kathy

Edited August 13, 2010 by chr49

[Pete53]

I would look for another one. Something stinks about this one in my opinion.

[jbasser]

Revoke their POA. Can them, Fire them, Then go here: http://www.vetlawyers.com/about.htm.

[RSG]

What if the freakin VSO doesn't even have a copy of my c-file and they are trying to win my claim without it. what a joke., I found that out a few days ago.....I have requested a new copy three times just to check info they have against my original file and nobody has ever gotten me a copy. and yeah I have requested it in writing with the proper forms......Sounds a little fishy to me.....Sounds like they are out to try to mess with me again.....I am really getting angry with these people.......

[Pete53]

Most VSO's but not all merely forward your info to the VARO. They can also certify originals with copies. When I started the VA made a big deal about originals but as they lost more and more paper work they had to make accommodations. I would not trust the VA with an original.

Basically your file at many VSO's and I stress most but not all is merely a sheet with you basic contact information and your ratings or a mighty thin file. If you don't believe me ask to see your file sometime.

My VSO tells me he keeps copies and I believe him. By the way every Veteran should have their own copies.

[chr49]

John & Pete,

Thank you so much for your input on C's current situation. Cr left to go into the Vet Center for support and advice early this AM. I haven't heard from him yet but he was heading to work immediately following the appointment. Hopefully, they will help him clear his head and give him some direction.

I think that your thoughts are something he needs to seriously think about. He did consider consulting with a lawyer when he received his decision letter.

Thanks John, for explaining that he has to revoke their POA. I imagine he would have been told to do so by his new representation but it's nice to hear it here first.

Pete, your decription of 'most' VSO's is exactly how it is in our situation. C has done all of his own work (I'm his secretary so I often use the word "we")on his claims but he's always consulted with his VSO. Essentially, the VSO has simply passed our papers along to the VARO. Actually, we didn't expect more than that, especially with the distance involved, but we did expect our paperwork to be sent along thru the channels properly.

At this point it's hard to point a finger and say our VSO did us wrong. It's possible that the VARO misplaced the packet that he sent over but the fact remains... Somebody dropped the ball and we've learned a lesson the hard way!

Kathy

Edited August 13, 2010 by chr49

[LarryJ]

John & Pete,

Thank you so much for your input on C's current situation. Cr left to go into the Vet Center for support and advice early this AM. I haven't heard from him yet but he was heading to work immediately following the appointment. Hopefully, they will help him clear his head and give him some direction.

I think that your thoughts are something he needs to seriously think about. He did consider consulting with a lawyer when he received his decision letter.

Thanks John, for explaining that he has to revoke their POA. I imagine he would have been told to do so by his new representation but it's nice to hear it here first.

Pete, your decription of 'most' VSO's is exactly how it is in our situation. C has done all of his own work (I'm his secretary so I often use the word "we")on his claims but he's always consulted with his VSO. Essentially, the VSO has simply passed our papers along to the VARO. Actually, we didn't expect more than that, especially with the distance involved, but we did expect our paperwork to be sent along thru the channels properly.

At this point it's hard to point a finger and say our VSO did us wrong. It's possible that the VARO misplaced the packet that he sent over but the fact remains... Somebody dropped the ball and we've learned a lesson the hard way!

Kathy

ALL VA Regional Offices have a FAX number (I have all the FAX numbers around here someplace). FAX the stuff to them. The date that they receive the FAX is your established effective date. Then, then send them a "paper copy" (I use FedEx for MY own personal correspondence with the VARO, it costs $7-$8 bucks and well worth it........I know, I know, it's overkill but MY ALTER EGO, the one with the OCD..........he likes overkill)!

As regards POA's and the "firing" of a POA or VSO...............all you have to do is fill out ANOTHER VA form 21-22, listing your NEW VSO/POA and that automatically removes your prior POA from your file and institutes you NEW POA. No other form is necessary, as long as you are REPLACING one VSO for ANOTHER!