Service Officer Mandatory? Harleyguy This Could Be An Easy Answer

[Hoppy]

I do recall there was a time when the VA automatically assigned a service organization when a claim was filed directly to the RO. Is this still happening? If not when did this stop?

Found this statement below on a website.

Once a veteran understands benefits available to him and he expresses an interest in filing an application for benefits, federal law requires that an va certified agent or va certified attorney or va certified service officer must help him with the process.

Edited August 31, 2013 by Hoppy

[Chuck75]

"Once a veteran understands benefits available to him and he expresses an interest in filing an application for benefits, federal law requires that an va certified agent or va certified attorney or va certified service officer must help him with the process."

If so, the VA skirts the law by "assigning" the claim to (At my VARO) to the in house VSOs (State employees).

Maybe this explains why part of my claims paper shows the state VSOs, even though I have a VA "certified"

attorney.

[meghp0405]

didn't know anything about this? I have met many veterans that have decided to file a claim themselves. When they received their rating decision, someone out there directed them to me. Of the claims I have reviewed, none of them were assigned to a Veterans service organization.

I do a VA FM 21-22 and take care of this when submitting additional documents on his/her claim.

How can VA assign a veteran to a VSO? It takes the signature of the veteran to do so?

I'm confused....

Edited August 31, 2013 by meghp0405

[Hoppy]

meghp0405,

Don't worry about it. The policy I asked about could be 30 to 40 years ago. The statement that I found online got me to thinking about it. And now after reading some BVA cases it appear the statement I found online may also be very old or not accurate.

[Berta]

Yeah, many vets do not have a POA at all.

But the annual BVA report to Congress shows they don't do as well as anyone with an attorney:

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2012AR.pdf

Page 23, Fiscal Year 2012.

Still 21.4 % did succeed at the BVA, without a POA, 41.39 % were remanded, but 34.2 were denied.

MOPH , as POA, did very well last Fiscal year , but they handled one tenth of the amount of BVA cases than attorneys did.

I relish gpoing over the BVA annual reports every year because they, as well as reading actual BVA decisions, help us feel the pulse of the BVA so to speak....and understand their way of thinking.

Then again you could have the BEST lawyer or vet rep in the US of A, but if the evidence isnt there, the claim will continually fail.

[harleyman]

There is no madatory appointment of a service officer if a clam is recevied and the Veteran chooses not to be represented.

Whenever the VA sends a letter to a Veteran that is not represented by a Service Organization, the VA sends the Veteran general information on what a service officer does and how to find a service officer. It is the Veteran's decision as to whether or not he wants help with his /her claim.

If we are working a case and the Veteran does not have a Service Officer, and we feel a Service Officer could help us handle an issue with the Veteran, we will contact one of the Service Organizations and see who might be available. When there is no contractual agreement between the Veteran and the Service Organization, I have found the State Organization is usually more receptive to calling the Veteran or a spouse if it is needed. They do this purely to help the Veteran, and the Service Organization is not obligated in any way to provide asssistance, as the Veteran hasn't signed the VA Form 21-22 giving the Service Organization any authority. If the VA VSR/RVSR asks for help, someone will usually step up, but I have been told on more than one occasion they are too busy to help. When that happens the only one it affects is the Veteran and his family. :(

Edited August 31, 2013 by harleyman

[broncovet]

I think you may have something there, Hoppy. Interestingly, I had an attorney represent me at the CAVC. We "settled" and then I got an "implementation letter" from DAV..when I had turned POA over to the attorney. Yes, I previously had DAV, but the attorney POA quashed that, so I have none, or so I thought.

While neither the VA nor the VSO's will discuss this, the VSO's earn money with each POA from each Vet they represent. (That is, the VSO organization, not the overworked VSO, of course). That is why those VSO top dogs earn 350k per year..they slide those "default" POA's under the table.

Further, about 4 years ago the VA sent me a letter saying they did not have a VSO POA on file. This was interesting as I already had two decisions where I had been represented by the DAV, and I had alleged shredding. How can they not have a POA on file if the DAV did a RO decision and a BVA decision??? (Assuming the VA did not shred the POA).

I think the VA has an internal system which "defaults" POA, usually to DAV. That is why the DAV is so big. Its probably an informal thing, and they probably ask the DAV for "favors" for doing this....like recommending that Vets cant have attorneys..and looking the other way when VSO's top dogs earn 350k per year, and VA pay 60k bonuses to their top dogs.

Edited September 1, 2013 by broncovet