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

[Berta]

You bet-

"I'm not aware of any way to appeal a DRO once they have made a ruling and sent you a statement of the case and a form 9"

I asked the VSM to CUE the DRO's decision and got another DRO review-this also staved off my formal I-9 filing date.

But you need valid legal grounds for doing that.

I thought I would get a different DRO for the next review.The review came fast but I got the same DRO and she still couldnt read.I should have requested a hearing! I thought at the time that my rep was working in my behalf as his office was right next to the VARO and he claimed he was there when the VSM ordered the new DRO review.

He was working against me to the point that I had to file a CUE claim on another decision that he failed to advise me properly on.I complained to the director of the state vets division as well as to the OGC.

I included documentation about many other reps they had.

My cpomplaints were settled successfully.

Things CAN be done- ask for the Hearing and if you can prove with documentation that you personally requested the hearing you didnt get and the rep did not support the hearing request -

by all means get a hold of this rep's boss-and tell the boss the rep caused this claim to be held up.

That might also get you a hearing if you put some pressure on the rep's boss.

Everytime stuff like this happens, vets should make sure they lodge a complaint. And persist on it f they can prove their point.

Why allow some incompetent vet rep to continue hinder other vet's claims too.

[Rockhound]

Thank you Berta for answering my post, I was hoping you would. The only documentation I have is a request, written up by a previous service rep, who is now retired, but I made it verbally clear with the new service rep, that I wanted a hearing with my DRO, but I guess from the fact he was, or is, quite young and new to his post. He took over when the old service rep retired, he was at that time her assistant or clerk. 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 did make numorus verbal inquiries about my claims progress and made it clear I wanted a hearing, I had no idea that my request was worded wrong, I thought, wrongly, that at some time, I should have gotten some notification asking if I wanted a hearing or not. but I just didn't know enough and I VSO should have helped to make my wishes clear and he didn't do it and now I am where I am.

Rockhound Rider

You bet-

"I'm not aware of any way to appeal a DRO once they have made a ruling and sent you a statement of the case and a form 9"

I asked the VSM to CUE the DRO's decision and got another DRO review-this also staved off my formal I-9 filing date.

But you need valid legal grounds for doing that.

I thought I would get a different DRO for the next review.The review came fast but I got the same DRO and she still couldnt read.I should have requested a hearing! I thought at the time that my rep was working in my behalf as his office was right next to the VARO and he claimed he was there when the VSM ordered the new DRO review.

He was working against me to the point that I had to file a CUE claim on another decision that he failed to advise me properly on.I complained to the director of the state vets division as well as to the OGC.

I included documentation about many other reps they had.

My cpomplaints were settled successfully.

Things CAN be done- ask for the Hearing and if you can prove with documentation that you personally requested the hearing you didnt get and the rep did not support the hearing request -

by all means get a hold of this rep's boss-and tell the boss the rep caused this claim to be held up.

That might also get you a hearing if you put some pressure on the rep's boss.

Everytime stuff like this happens, vets should make sure they lodge a complaint. And persist on it f they can prove their point.

Why allow some incompetent vet rep to continue hinder other vet's claims too.

[Rockhound]

Cooter. The ritter is Tammi, she is a three and a half yeat old rescue from our local SPCA. She is a mixed breed Tabby, with

one of the breeds that oviouslyy had long ears and she doesn't like them messed with, that is unless you are like another cat and gives them a tongue washing. lol

Very quite unles mad, then she louder and my two other cats. the other two are males and don't get along, Tom the reclues, is a Silver Tabby, and Rasco, the talkative one, is an Orange Tabbi. If I could afford more, I would probably remodel my home, just for them and add a room with a bath, next to the kitchen for me. LOL

better go or I will just ramble on and on.

Rockhound Rider

Nothing worse than a incompetent so. Like Pete said, get rid of him/her and find one that'll actually help you. Make sure you go in your review with the DRO with your guns loaded with every piece of evidence you have to rebutt any/all negative statements written in the Reasons and Bases section of your denial letter. Evidence wins and hopefully stop before going to BVA. Good Luck

One other thing. What is that "critter" in your avatar? Just curious cause it has huge ears for a house cat.

Edited September 5, 2011 by Rockhound

[cooter]

Thanks for replying. Now I can concentrate on your commits instead of Tammi. lol

Coot

Cooter. The ritter is Tammi, she is a three and a half yeat old rescue from our local SPCA. She is a mixed breed Tabby, with

one of the breeds that oviouslyy had long ears and she doesn't like them messed with, that is unless you are like another cat and gives them a tongue washing. lol

Very quite unles mad, then she louder and my two other cats. the other two are males and don't get along, Tom the reclues, is a Silver Tabby, and Rasco, the talkative one, is an Orange Tabbi. If I could afford more, I would probably remodel my home, just for them and add a room with a bath, next to the kitchen for me. LOL

better go or I will just ramble on and on.

Rockhound Rider

[carlie]

Rock,

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

[Capt.]

Hello Rock,,,,,, you are getting into dangerous territory with having a VSO that does not know or does not care or even worse......BOTH. I would fire him as quick as you can and if you can find a GOOD VSO then do it or try and muscle up here with your Hadit family.

There is another way and that is to get a lawyer if you qualify......meaning your decision must come after June 21 , 2007. Even if they want 20 percent retro , it will let you sleep some for sure and knowing that the playing field is now even. Your lawyer against the Justice Dept. Lawyers. I I did what you did and got the runaround with the DAV reps until I found a good one at the VVA but he got too sick and I had to get a lawyer . Now it won't speed up any claims but it will make them dot the i 's and cross the t's.

Just like John and Berta and Pete said , don't let this bad VSO ruin your claim as he probably has done this to others too. Contact whoever you need to get him on notice. I would say that once you get to the BVA your file and medical reports and all evidence is looked at and understood to some degree. Not so at the Regional Office. You may get remanded back there by the BVA but it will be in the record then. Whatever you choose , I wish you well , but remember above all to NEVER GIVE UP. God Bless, C.C.

Edited September 6, 2011 by Capt.Contaminate