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?

[john999]

I don't think there has ever been a better time to get a claim approved than today. I would not wait for the DAV or take their advice. In five years when the wars in Iraq and Afghanistan are a bad dream Americans want to forget it will be harder to get any claim approved. If you have a claim file it pronto. The minor claim you have today will probably get worse in 20 years, but it will ten times as hard to prove it then.

[Veldrina]

Gonna add my 2 cents here...DAV is one of our better orgs at the NY office. They may be "rent free", like some of the other orgs in our bldg, but i have never not seen these guys at work,. Hell, they've breathed down my neck at times with claims. As for their knowing about the shredding, why would they? The orgs are not privvy to every little thing we do. They don't go poking their noses into shredders or garbage bins, or into ppl's desks. How WOULD they know what was going on? In my own office, we apparently had mail being hidden in drawers & forgotten about, & i heard there was shredding of info. We used to have free access to shred machines. I remember my team was only supposed to shred duplicate VAMC records and rating where u made a booboo. Then one day I came to work & was told that our entire management had been removed, & about the shredding & other things....we were shocked. There was also some shenanigan with changing around suspense dates that was handed from on high. Those ppl are long gone & our office is desperately trying to get back on track from all the negative hype.

Sorry, tangent...but yeah, DAV isn't necessarily cozy with VA...they are just conventiently close enuff to check on your claims. But they would have no reason to have known about the inner politics of what was going on.

[Pete53]

Veldrina:

Not all bad and some are first rate. At a VARO you usuaklly have the ebst of the lot. At the VAMC's the ones who work one on one with the Veterans a mixed bag. I personally think that we also have the problem of these guys and gals burning out. You see claims come across your desk but rarely have to look the Vet in the eyes with the bad news.

I have known good ones and I have known bad ones but the truth is that most Veterans who are just filing a claim and trying to get started need help and the VA has decided that this is the system to go with.

If you want to know the truth I think that the VA should help Veterans a lot more than they do.

[Veldrina]

I've had my share of looking ppl in the eye with news, whether it was at the help desk or at a hearing. I've had to tell widows I'm sorry but they we can't give them anything & leave heartbroken as they cry in the office. I've had papers thrown at me because "I don't wanna help, I'm just waiting for him to die so i can go back to being lazy", I've been called a prostitute for not helping a heavily accented woman speak to the director herself about her claim. I try not to take these things personally. The fact is, we WANT to help the veterans...but because we have a production standard & a quality standard, & now an availability of at least 80% which must be met (meaning time available on cases, excluding lunch, breaks, detail time for special projects or training etc). it is almost impossible for us to give anyone the attention they need. Central office has come up with a joke of a way to measure our production with "weighted cases", & they "factor in things like detail time"....but the numbers dont add up. The fact is, they want raters to do at LEAST 3.5 weighted issues a day (these go by claims and end products) maintain a 95% accuracy (one mistake on a claim, even one we didnt make, but a rater from long ago made that we dont pick up, & it;s an error that brings our accuracy down) and be available 80% of the day. I have given up on breaks & have learned to sprint to the microwave & back & inhale whatever lunch I;ve brought without tasting it in order to try to meet their nutty expectations. Congress doesnt wanna hear it. VA management doesnt wanna hear it. And if we dont maintain the standards, they take adverse action (anything from being put on a performance plan where they babysit u to actually being demoted or removed. So it;s like chopping off a finger each time & being told to play the piano better than before. Only by telling COngress where to sit with their "points" & having management stop assuming we are all lazy bastards who won't move if the whip isnt cracked will things get better. For now, this is what I do for 9 hrs, & why sometimes i feel like it;d be better to just have the nervous breakdown & be done with it,.

Veldrina:

Not all bad and some are first rate. At a VARO you usuaklly have the ebst of the lot. At the VAMC's the ones who work one on one with the Veterans a mixed bag. I personally think that we also have the problem of these guys and gals burning out. You see claims come across your desk but rarely have to look the Vet in the eyes with the bad news.

I have known good ones and I have known bad ones but the truth is that most Veterans who are just filing a claim and trying to get started need help and the VA has decided that this is the system to go with.

If you want to know the truth I think that the VA should help Veterans a lot more than they do.

[COOL BREEZE]

I've had my share of looking ppl in the eye with news, whether it was at the help desk or at a hearing. I've had to tell widows I'm sorry but they we can't give them anything & leave heartbroken as they cry in the office. I've had papers thrown at me because "I don't wanna help, I'm just waiting for him to die so i can go back to being lazy", I've been called a prostitute for not helping a heavily accented woman speak to the director herself about her claim. I try not to take these things personally. The fact is, we WANT to help the veterans...but because we have a production standard & a quality standard, & now an availability of at least 80% which must be met (meaning time available on cases, excluding lunch, breaks, detail time for special projects or training etc). it is almost impossible for us to give anyone the attention they need. Central office has come up with a joke of a way to measure our production with "weighted cases", & they "factor in things like detail time"....but the numbers dont add up. The fact is, they want raters to do at LEAST 3.5 weighted issues a day (these go by claims and end products) maintain a 95% accuracy (one mistake on a claim, even one we didnt make, but a rater from long ago made that we dont pick up, & it;s an error that brings our accuracy down) and be available 80% of the day. I have given up on breaks & have learned to sprint to the microwave & back & inhale whatever lunch I;ve brought without tasting it in order to try to meet their nutty expectations. Congress doesnt wanna hear it. VA management doesnt wanna hear it. And if we dont maintain the standards, they take adverse action (anything from being put on a performance plan where they babysit u to actually being demoted or removed. So it;s like chopping off a finger each time & being told to play the piano better than before. Only by telling COngress where to sit with their "points" & having management stop assuming we are all lazy bastards who won't move if the whip isnt cracked will things get better. For now, this is what I do for 9 hrs, & why sometimes i feel like it;d be better to just have the nervous breakdown & be done with it,.

How many claims does your office do per month on the average? I am trying to figure out the average amount of all claims that all combined VAros are doing vs what they are expected to do. I believe the phoenix office is completely shut down and on furlough after my weekly check in with the #800 today.

[rakkwarrior]

The Disabled American Veterans (DAV) is a §501©(4) non-profit veterans service organization currently comprised of 1.4 million members, which was formed in 1920 during the aftermath of World War I by a small group of veterans in Cincinnati, Ohio to advance the interests of disabled veterans, injured in combat. Notably, whose disabilities required services such as vocational rehabilitation and employment, health care, and whose conditions left them with a lack of earning capacity due to their impairments.

During those early years the DAV actively engaged and petitioned Congress and the White House to form an Administration, rather than a loosely connected conglomeration of "three different Federal agencies: the Veterans Bureau, the Bureau of Pensions of the Interior Department, and the National Home for Disabled Volunteer Soldiers" to care for veterans who became disabled in the line of duty. In 1930, after a monumental legislative effort, Congress authorized the President to "consolidate and coordinate Government activities affecting war veterans."

The DAV was formally recognized by Congressional Charter in 1932 "to advance the interests of all wounded, injured, and disabled American veterans" and "to cooperate with the Department of Veterans Affairs… [in] advancing the condition, health, and interests of disabled veterans."  under the provisions of Title 36 U.S.C. §50302. DAV's mission and motto is to "build better lives for America's disabled veterans, their families, and dependents."

Our National Organization is not paid on government grants, local, state, or federal funds, and operates for the best interests of our veterans, their families, and dependents.

Our office space in VA building is mandated through our recognition and Charter in order to advance the interests of our clients before VA proceedings. In some offices I have been told our presence is likened to "squatters rights". Not at all cozy and friendly, on the other hand some VA Regional Offices and Management understand how we can help them achieve accuracy, consistency, avoidance of STAR audits, and increase their timeliness by effectively representing our clients, and streamlining the process for them.

We are funded solely by those who believe in who we are and what we do, both individual, and a some corporate sponsors. DAV is a BBB Accredited Charity, the majority of our funds (approx. 74 percent) go to programs of service. If we were not effective in our efforts we would not be the premier veteran's service organization.

This has been hard won by extensive training in VA law, regulation, Court and General Counsel Precedent. We do not need NVLSP training, NOVA training, or other outside assistance in our training requirements. We have in addition to a 16 month OJT program with college courses in legal writing, public speaking, and anatomy/physiology and medical terminology, we also have monthly and quarterly testing for our trainees.

All NSO's senior associates, and Regional Management also undergo perpetual Structured and Continuous Training which is ACE accredited, and covers in depth the C.F.R., Court Precedent, and VAOIG opinions. We also routinely review and disperse FL's, TL's, DAD's and other internal circulars to ensure all staff members are not only ready to take cases to BVA, but also understand the RO's guidance on adjudication issues.

Interestingly to some, we are not paid on par with VA employees, and while we are not volunteers, like in the service we do this because we love what we do, and feel a sense of compassion and commitment to the Organization's values and mission. There are no easy hours in this job, and it is not for the money.

We do not as a rule oppose attorneys assisting veterans, some of my clients are civil and criminal attorneys. We do however, oppose attorneys representing veterans for a fee, because this inevitably requires the veteran to receive a denial and file an NOD before the attorney gets paid for his efforts. The appeals system is the most backlogged adjudication system throughout the VA, and as a rule I find the Appeals process to be largely ineffective until it reaches the Board of Veterans Appeals (BVA).

Why do we oppose attorneys who charge for a fee? Because their interests are manifestly different than ours, Binder and Binder will tell you "We don't get paid until you get paid!". That's correct and the longer you have to wait the larger their paycheck at the end of the day whether or not they did much of anything to prosecute your claim. A claim for TDIU can be denied regardless of schedular or factual entitlement based on the medical evidence of record for failure to provide a complete VA form 21-8940.

If a claimant is denied on this basis, an NOD will likely be the first option for most veterans. They will say "I sent this in and they lost it, APPEAL!!!".

A better option for continuing the prosecution of the prior claim is to file for reconsideration IAW 38 C.F.R. 3.156(b) (which can now be done more quickly under the FDC program via a VAF 21-526EZ), and hold the Rating Team accountable for making a proper decision. This is done outside of the appellate process and renders largely more effective results. If I were working for a law firm, I would opt for the NOD because it's when I start to get paid. I would likely know it would be 12-24 months before a De Novo Review.

DAV NSO' should provide guidelines, for IMO's based on regulatory criteria for increased evaluations, TDIU decisions, and claims for service connection. While we do not have a referral service for "hired guns" or doctors on retainer for such services, often the best advocate for a veteran is a treating physician. This will become easier in the future with the up and coming Disability Benefits Questionnaires (DBQ's).

Recently DAV National Staff and key Supervisors attended a meeting with VA Central Office in Washington D.C. regarding the FDC program, we had concerns about the program and it was tweaked to ensure it complied with regulations pertaining to informal claims, and other aspects which we felt would prejudice the veterans community. While largely well recieved, our presence was met with one person's resistance, who felt defensive and my impression is that he felt DAV's influence was like termites moving into a newly built home. So, i would disgree that we are "cozy" with our VA counterparts, this does not mean we cannot forge effective relationships with those who have goals to meet, and do not want to beaten up by VAOIG and STAR review teams. It is much better for our offices to point out CUE's and rating discrepancies, than to allow STAR to catch it and beat the RO up on their deficiencies.

I represent VA employees to include Rating Specialists, and VHA medical personnel who are veterans, their claims and our claims are held to a much close inspection than anyone on these boards or in the public at large. They come to us because of our expertise in VA law, regulations and the smart and efficient prosecution of claims, albeit all of our cases are handled across the country from the stations where we work, and are often the last cases to be worked.

The largest and most significant issue I see is the lack of communication on our role in representation, and reciprocal expectations as outlined in our DAV Statement of Policy in Representation. We also sometimes fall short on follow up regarding phone calls, as we receive several hundred a day, and work after hours to return them. DAV senior management is aware that some offices have issues and are swift to make corrections, as you our fellow veterans are exactly why we are here.

In closing following our review and corrective actions on VARO decisions we generally send a letter stating the outcome of the claim, part of the dialogue in the correspondence states,

If you disagree with any part of this decision, you may file what is called a Notice of Disagreement (NOD)

to initiate an appeal. Once you receive the official VA notification letter, you have one year from its

date to file a NOD. The DAV may provide representation throughout this process. Prior to filing a NOD, we

request that you contact your local DAV National Service Office.

I wanted to clear the air so to speak, and allow for comment and suggestions.

Do you understand our legal expertise in the field of VA law?

Has that been communicated, can it be done better?

Have your reviewed the statement of policy of representation?

Does that help you understand our reciprocal roles?

Does the statement above provided compel you to file NOD's on your own out of emotion, or does it compel you

to communicate with your NSO?

eBenefits will help with knowing the status of your claim, will that help in feeling more secure while waiting

through the process?

Edited March 20, 2011 by rakkwarrior