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Poa


Berta

Question

Has anyone here ever been threatened by their POA that they will no longer have their POA represenation if they contact a Congressman or Senator regarding their claim or any other VARO issue?

I haven't been threatened like this --- dont get me wrong-

I need better word than threatened - maybe manipulated?

But they might suggest this to me today-

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Guest jstacy

Berta, Legally a POA cannot suggest anything like that. I once submitted 20 years worth of High blood pressure readings and submitted it to the RO and copied the Poa and the rep said. ( I wish you would not have done that). I replied Why? I gave him this advice: You have entered into agreement to support me on my VA claim with a signed POA. It is your duty to assist any VET whom you have a POA. I akso explained that After fighting the RO for 14 years and listening to their bull denials and The Disabled american Veterans totally ruining my first claim by stating I had a concussion instead of a neck injury That I am in the following mode. I do not take prisoners. I intend to seek the benefits deserved by the sacrafices I made while serving my country in the line of duty and all the evidence and stressors are in the service record.

ANY SERVICE ORGANIZATION THAT DOES NOT DO A PROPER JOB AND CAUSES ME TO LOSE MONEY WILL BE HELD ACCOUNTABLE. ( I would sue them in a heartbeat and not think twice about it)

Sorry to ramble, But my take on VSO's. DO not trust anyone that is less qualified than yourself.

Be nice to these people, Be straight forward, Tell them exactly what you intent to receive, and let them know you know the regulations as good as if not better than them.

Edited by jstacy
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I have contacted a Senator who in turn contacted a Congressmen on my behalf, the Congressmens Office has called me personaly every day this week. If this is what I must do to secure the benifits I earned then so be it, and if my Veteran Counselor can't get a grip on that I don't want his help!

I don't see where a vet rep does all that much for the veteran. I have done 98% of what it takes to get my own benifits. My SO is suposably good But I am not impressed. I am sure he is great if the Veteran don't want to do anything thereself's. The SO has not returned my emails and does not keep me upto date on anything,He has not done anything as of yet to make me think he is any better then myself. If you think about it the Vet Reps have alot of claims to handle ! So the Veteran is the person for the job on his own claim. Vet Reps, SO's are Pacifiers so that the VA can keep Veterans Quite and Happy

The congressmens VA man tells me my Claim will be over with in one month. The congressmen went over everyones heads, so I may get the claim rated and done. I look at it Like this I have got 5 kids to take care of and as a dad I am willing to do whatever it takes. As the saying goes if you can't lead Get the F#(k out of my way and Follow. Goes for the VET REP's Too.

We are in a battle Fight to Win

Macool :D

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Rick-glad you replied- we have the same vet rep-

I am happy to see what he can do for me-(will extend 38 CFR 3.102 to him-Benefit of Doubt)

which is basically he just needs to read summary of what I have done.He was surprised at my file there-

because for over year and half my former vet rep told me to just send it all to the RO -he didnt need copies of anything.So there is a lot he should have,but doesn't.

in 3 1/2 years no one ever sent VA a 4138 in support of my claim from that office and my former vet rep told me he had No contct with any DROs or the VARO at all.

I have been getting emails from their main office -in response to my emails-

that are proving to me that they are not quite on the ball there-they seem to insinuate I am telling a false story about this situation. I dont know if they even know who Dr. Bash is.

They want me to buy something they are selling as to the way my so-called DRO review was handled.

They have no idea that 6 days after he got my mail, Senator Craig contacted the VARO.

Senator Craig knows what my vet rep (you know who in the RO)told me by phone-as to the review of my IMOs and what the DRO said about them.I sure wont lie to a Senator.

They my POA has no record of this POA DRO "conference" yet the SSOC I got proves that my IMOs were not considered as the vet rep said they would be.

If the VA CUES their decision due to their failure to provide me VCAA Notice, then my claim will return from the BVA, I get the election notice, sign and send it with my 2 IMOs, unread, the next IMO coming (#3), and then maybe -with this new vet rep- I can get my claim resolved.

Did your POA ever speak to a DRO for you?

My vet rep said he talks to DROs all the time but yet he suddenly had no contact with any DROs when I asked him

why I got the copy and paste job.

Maybe some of you are getting the picture here-I had new POA in 2003- they seemed to do things different than the DAV did-my former POA-I figured different but oh well-

I was treated nice by the vet rep and was asked to even help them with some claims-

It took me quite some time to realise that my claim had been screwed up from the beginning.

If anyone here is going through this type of POA bull crap-

Dont take it- they all have a boss-

My POA at the RO thought I succeeded in September because of my IMOs and now I dont know if the DRO even saw them.

But I WILL find out.

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Rick- since I now have your vet rep I am willing to see what he can do-

then again- he saw my file and was astonished at what I did already.

However they have no idea I wrote to Sen Craig and also to our Congressman.

They are trying to infer that I did not hear what did when my POA at the RO called me.

That he did not say what he said.

.

I take notes- I don't lie to Senators-

They ,my POA's main office stated to me in email that "the VA is obligated to review all evidence,but as you know, is not obligated to accept said evidence as favorable documentation of a claim."

I have nothing in any SOC that says they reviewed these IMOs not listed them as evidence.

I replied-and I suggest anyone here do the same if you get this bull crap from a POA:

"Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. " 38 CFR

and:

4.3 Resolution of reasonable doubt. top

It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See §3.102 of this chapter.

[40 FR 42535, Sept. 15, 1975]

§ 4.6 Evaluation of evidence.

top

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

38 CFR -Adjudication Book B 4.3 and 4.6 Berta Simmons XC XX XXX XXX

Edited by Berta
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