Va Service Rep Made A Mistake

[Rockhound]

I found out the hard way, on my own. The Service Rep was supposed to make sure that I got a hearing during my DRO review and they didn't. Now my claim is on its way to the BVA and another how many years beforw I get my face to face with the traveling show. What I want to know is how do I lodge a complaint against my service rep for their enneptness in handling my claim? I tried to make it clear throughout my DRO that I wanting a hearing on the matter even when my original service officer retired. Each time I checked on my claim, I wanted ot make it clear to them that I wanted a hearing to have a face to face with the DRO Officer, tto make my position and evidence clean and how the VA examiners opion is not supported.

Anyway, What are my options for now?

Rockhound Rider

[Rockhound]

Rock,

I thought you had a DRO Hearing over a year ago ?

Carlie, It's so nice to hear from from you and the others, who have been an anchor to my sanity. What I thought was going to happen and what transpired were different than what I was led to believe would. Your request must be very specific or nothing but the bare necessity will be done by the VA. and even then that is questionable, I am affraid that is now abundantly clear to me.

Also, I don't know is another ten percent on already ten percent is going to get a lawyer interested in a, may be winnable claim. I need, at some point, to start thinking of filing, my claim for my TBI. It has a chance at a higher percentage rate, and with my memory, even with my reminder notes, will take some doing in rounding everything up and in to claim form.

My mind is not as clear or as together theses days, I've had to up, both my depression meds and the onces that keep the wolves at bay in my head, from turynig voices from annoyences, to life threatening actions. Since you have last sean me, I have had to deal with two new psychiatrist, both residances and this coming Tuesday, I will have to deal with yet another. They will be a Male and I have preferred female psychiatrist, I find them more empathetic than the male ones I have had over the years and less likely to bring out my aggressive side. I have manage to only be admitted by choice and with my resposibilities to my three Cats, I don't need to be admitted, even for a seventy two hour hold, or worse.

I'm rambling as usual. I'll go for now and wait any replies for tomarrow, untill I get back from my schedules appointment with this new, once again, psychiatrist.

Rockhound Rider

[Berta]

"The only documentation I have is a request, written up by a previous service rep," If it is signed and dated that could be good enough-

"If I still want to CUE and or file a grevance, can you give me the name and addresses to whom I should do this with?

I dont understand the CUE part here-if the VA fully knew (with documentation) you had requested a hearing and you didnt get one- then ask the VSM to CUE the last response you got from them or whatever they sent that indicated there would be no hearing- or the hearing request was ignored and refer to ANY documentation such as what you mentioned.

But this seems to be a VSO problem-not a VA problem at all-

'file a grevance, can you give me the name and addresses to whom I should do this with?'

I had problems with a DAV NSO. I wrote to his boss and got a BS letter back so I wrote to their National Commander- got BS letter back so I sued the guy in a federal court pro se- long story-

After the DAV lawyer deposed me it was my chance, one month later to depose the DAV rep.I was well prepared.

But also walked in there knowing my case was over.

The damages had been mitigated by the VA itself in the few weeks after they had deposed me and they didnt know it yet.

As my deposition of the rep came to a close, I whipped out the 2 award letters I had gotten (DAV was POA on one of them but the second one was a shock -and then I whipped out my FTCA settlement.The rep ran to the men's room. He was sick.

The DAV lawyer told me I should become a lawyer.

The IMPORTANT part of all this was- maybe the DAV in Syracuse would think twice before they ever treat a widow of a veteran like crap again.

The rep I had treated my husband before his death in a terrible way and then he treated me like that too and showed no interest for any of my evidence and kept saying the claims would never succeed but they did.

My next rep and other reps higher than him gave me the same run a around but it appeared this time they were 'helping me' at first.

I reported these problems to the director of this state Reps division and he also gave me the runaround so I complained to the OGC.

I am very happy with the final outcome.

If a vet rep messes up bad (as t appears to be the case here) and you can prove it- complain in writing up the chain of command as I did because -if they aren't called on their errors -they will continue to mess up the claims of other vets or widows.

[deanbrt]

My initial DAV rep was very good but after he retired i had similar experience with DAV to Bertas. I would recommend getting a veteran attorney. Among other things, if he takes your claim on contingency it tells you he thinks it is strong enough that he has a shot at winning it. The people at DAV I found to be pretty much in it for themselves...

"The only documentation I have is a request, written up by a previous service rep," If it is signed and dated that could be good enough-

"If I still want to CUE and or file a grevance, can you give me the name and addresses to whom I should do this with?

I dont understand the CUE part here-if the VA fully knew (with documentation) you had requested a hearing and you didnt get one- then ask the VSM to CUE the last response you got from them or whatever they sent that indicated there would be no hearing- or the hearing request was ignored and refer to ANY documentation such as what you mentioned.

But this seems to be a VSO problem-not a VA problem at all-

'file a grevance, can you give me the name and addresses to whom I should do this with?'

I had problems with a DAV NSO. I wrote to his boss and got a BS letter back so I wrote to their National Commander- got BS letter back so I sued the guy in a federal court pro se- long story-

After the DAV lawyer deposed me it was my chance, one month later to depose the DAV rep.I was well prepared.

But also walked in there knowing my case was over.

The damages had been mitigated by the VA itself in the few weeks after they had deposed me and they didnt know it yet.

As my deposition of the rep came to a close, I whipped out the 2 award letters I had gotten (DAV was POA on one of them but the second one was a shock -and then I whipped out my FTCA settlement.The rep ran to the men's room. He was sick.

The DAV lawyer told me I should become a lawyer.

The IMPORTANT part of all this was- maybe the DAV in Syracuse would think twice before they ever treat a widow of a veteran like crap again.

The rep I had treated my husband before his death in a terrible way and then he treated me like that too and showed no interest for any of my evidence and kept saying the claims would never succeed but they did.

My next rep and other reps higher than him gave me the same run a around but it appeared this time they were 'helping me' at first.

I reported these problems to the director of this state Reps division and he also gave me the runaround so I complained to the OGC.

I am very happy with the final outcome.

If a vet rep messes up bad (as t appears to be the case here) and you can prove it- complain in writing up the chain of command as I did because -if they aren't called on their errors -they will continue to mess up the claims of other vets or widows.

[john999]

Deanbrt

That is good reasoning on why to get a veteran's lawyer. That is just how I looked at it when I got mine. He would not invest a couple of trips across the country and writing up briefs if he did not think I could win. He wrote up a 28 page brief for me. When has a DAV rep done that for you.