Dav, Good Or Bad?

[abean]

Don't know much about the organization. All I know is that they seem to know more about my husbands claim than me, hubby, and VA. We really don't know how they got our info. Are they legit? Is it an edge to use them?

[broncovet]

If the DAV were really that interested in helping Vets, they would be OUTRAGED at a million man backlog and filing lawsuits against the VA. Nope, they quietly collect their free rent, and say, "Gee..I didnt know there was a million man backlog" and "Gee, I didnt know the VA shredded claims in 41 out of 57 RO's"

Obviously, the VA does not want Vets to have lawyers. (However, the VA has 400 or so lawyers on staff, so they are not exactly anti-lawyer) Most people who know anything about law know that you dont want to face an adversary in court when he has a lawyer and you dont. Its not a fair fight at all. This is what the VA and the DAV wants..an unfair fight, where the mighty Va with 400 lawyers just crush some poor homeless Vet, stripping him of his benefits at their whim and he is defenseless without a lawyer. There is a reason why we have so many homeless Vets, and it is not because of a benevolent VA.

[COOL BREEZE]

What I don't understand is that when you use the DVA, or any other service organization that has an office at the Regional Office and your documents are submitted by the local DVA(or other organization) which in turn are mailed in this case to Phoenix, they lay in limbo for up to a month or more before they release them to the VA staff which is in the same bldg. I recently asked my VSO about the documents that were submitted and was told the DVA had them in there office in Phoenix! They actually hold up the process considerably. Instead of me having them look over everything and then sending them certified receipt requested, they do it as they are my POA. There is no tracking, not even sure what in the hell they did or what. You can check e-benifits daily, however it never says when those documents have been received by your VSO.. This is a big frustration-not knowing what in the heck is going on. Sure they have a nice office there, but what in the world are they doing with all of your paperwork in their office when the regional office is a few feet from where it needs to go. . Do they get together with the rater and discuss the decision before rendered-I don't thank so. All my claims all say DVA on them but I never had them contact me about a pending claim or a decision when rendered.. So- I am really baffled as what in the world do they do in those fancy offices other then sitting on your submitted paper work for a while. What is the function of these service organizations in the regional offices-are they there to make it look good, or is this something mandated by a law that says they must have an office there. I was told they will represent me during an appeal process.Not sure to what extent they do this when as far as I know they are not in the loop process during on going claims. You would think the rating team would contact your VSO as they are your POA before the decision and discuss your issue and what they propose to render, to give them the opportunity to speak up in your behalf. I haven't seen that happen so I guess that is not something they are allowed to do.

[justrluk]

Update to my opinion/experience: just received letters on MONDAY with a DECEMBER date - copied on letters supposedly sent to the VARO on my behalf - the first letter requesting an increase I had the C&P for in AUGUST and have already received the increase; and a copy of the request to correct documents with incorrect dates for my children I sent in NOVEMBER 19th. I sent an email to my VSO trying to find out if this meant she was requesting another increase, or if these were just 'after-the-fact" copies.... NOT impressed.

I've tried to research and see if I can withdraw my NOD requesting a DRO review so I can ditch this organization, but if I do, I will have blown my drop-dead date and stand no chance of my claim even being reviewed. Does anyone out there know if I can recall the request due to poor representation without losing my appeal date??

Edited December 9, 2010 by justrluk

[abean]

Just a bit of an update on my part--

We received the denial letter from the DAV back in October/November, but the VA had no knowledge of a denial. When husband called the DAV rep, he kept on and on about Agent Orange.....hubby wasn't in Vietnam and doesn't have a claim on Agent Orange--he was in Gulf War.

Anyways, hubby called VA again at the first of February, and they said that they received his records from social security about on his disability and it was going to the review board. This makes the about the 3rd time the VA has said either it's on its way to the review board, or it was already there. We have yet to hear of a decision and his claim was started in July 2010.

[jbasser]

It is always good to let a VSO help with the first claim. The benefit is this: They have a person working inside the regional office who can access the VA and get information. Now that may not always be the case as it really depends on the actual rep.

On the other hand, you file a claim and get a denial, that is the time for an attorney to step in. The Attorneys work on the legal precedence theory. The VSO works on the Buddy system. An attorney has incentive to get it done. (They dont get paid if they lose). A VSO has no incentiove what-so-ever.

In reality it is up to the Veteran to decide. Who will be more effective? There are several good VSO's out there and some are on Hadit. Those that are are to be commended as they really care and are actively helping vets.

I use the following theory:

You are responsible for your claim. It is your livelyhood, your future. You can trust no one to do it for you but you can seek advice from people who know what it is all about. I use legal precedence as a technique because all claims are eventually setteled and the title 38 CFR is the main player. That is the bottom line.

JBasser

[justrluk]

abean - sorry to hear about your being confused by both organizations. At this point, unless you've filed an appeal, I would transfer a power of attorney to a lawyer. You can search this site, but the one that keeps coming up is:

KENNETH M.CARPENTER, ESQ.

CARPENTER CHARTERED

1525 S.W. TOPEKA BOULEVARD

P. O. BOX 2099

TOPEKA, KANSAS 66601-2099

TELEPHONE: (785) 357-5251

Remember, though, you're your own best advocate. Keep hounding your rep, the VA and anyone else that will answer the phone but be mindful of the deadlines you may be facing. Don't let them pass without taking action!

Case in point: the issue I thought was in for reconsideration, the VA has no record of. I'm not surprised by this; they're usually misinformed about what's going on within their own systems, BUT, I've had three IRIS responses with the same answer so I'm starting to believe it. I sent my DAV rep a Form 9, filled out and signed in anticipation of the appeal deadline drawing near with specific instructions that should we be within 30 days and there be no results from my request for reconsideration the Form 9 be filed. If the reconsideration HASN'T been "in the works" as she's been telling me (I keep all emails), I'm going to lose it. If this is true, she's wasted almost a year of my life on an issue that could put me over 100% scheduler. NOT happy.

Either way, please keep an eye on those dates, and as long as you don't have a case in appeal, you should be able to transfer the POA and hire someone to represent you.

Edited February 14, 2011 by justrluk