VSO's "In" on delaying your claim

[broncovet]

So, you call your VSO (if he bothers to return your call), and ask him "how long"?   His response is that their is a "big backlog" at the VARO or the BVA.  And now, you get "the rest of the story", as Paul Harvey used to say:  

     THE VSO's contribute to the backlog.  They like us to think that they RUSH our claim off to be processed, and its all the Regional office and BVA's fault for the backlog.  This isnt true, at least not all the time.  A few years ago, ebenefits had my appeal as "with VSO".  It seemed to be "with VSO" for a rather long period of time, so I checked.  Sure enough a call to the BVA confirmed that my (national) Veterans Service Officer had my claim file.  

     So, I called the VSO, and asked them what was the delay?  They responded that, since I already had a docket number, there was "no hurry" for the VSO as I was simply on a long wating list at the BVA.  I found out later THIS IS NOT TRUE.  In fact, I did not have a docket number at the BVA, and I would not get one until the DAV completed its "brief" and sent it to the BVA.  This did not happen for 18 months.  

This means that the DAV "sat on my claim" for 18 months before they prepared the brief and sent it to the BVA, and THEN LIED ABOUT IT.  

      After thinking about it, something similar happened when I applied.  I went to a local VSO and filled out the paperwork in March, 2002.  Later, I found out VA did not receive my claim until May 30, 2002.  

I knew it did not take 2 months for the mailman to go a 3 hour drive, but did not know better so I just assumed it was the mail or the Regional Office.  No.  When I sent in my dependent changes, I found out the VSO did not submit that paperwork for 13 months.  (The time limit is a year, so I wound up losing money on dependents, also, compliments of my "free" VSO).  

      The cost of my "free" VSO has amounted to about $8000, as follows:  2 months retro lost while they were finding a stamp and mailing my paperwork (that I already had filled out myself).  Another 3 years of retro lost because the VSO delayed sending in my dependent information for 13 months, and I did not figure that out for 2 more years.  Total cost of free VSO:  $8000.   This should pay the "free" rent for the VSO at the regional office and VAMC for a year or so.  Remember that, the next time someone tells you to get a "free" VSO, or you get "free" burglar alarm when you pay for monitoring.   

Edited January 12, 2016 by broncovet

[TexasMarine]

VSO's have many backgrounds.

A "State and/or County" VSO is hired by the state or county to assist veterans in their respective domains.  They usually work or can be contacted through you local county office.  They are usual veterans in need of a job, and many have a working knowledge on how to get a claim filed, but have limited experience in seeing the process through.  Too few serve for  any length of time that would allow them to become expert.  Too often, a veteran is helping the VSO cut his/her teeth on the VA process.

A "Service Organization" VSO can be found at any level of any service organization.  The higher up they are in their respective organizations, the more likely they are to be effective (but not always).  For example, the VFW has "Service Officers" at each level (Post, District, State, National), but quite frequently they have duties beyond supporting the claims of veterans, even though they are listed as the primary POC for veterans needing help.

The local service officers that are effective are more likely than not, found at the VA Service Offices.  These offices are staffed by the Service Organizations, but seem to have more resources at their fingertips at seem to be more knowledgeable and therefore helpful than the others.

The VSOs at the VARO or BVA might as well be hired guns of the VA.  They work "down the hall", eat in the same cafeteria or eating establishments, attend the same parties, as their VA counterparts.  The are part of the VA Bureaucracy, and "maintaining the peace" is their primary consideration. 

Having said all that, I find that the lawyers serving this market, while well qualified and very helpful, are also part of the same bureaucracy.  They just work in a different building, with different roles and responsibilities, but "maintaining the peace" is still the mission.

JMVHO

TexasMarine

 

 

[broncovet]

The attorney's want their pay ASAP.  The attorney's dont get paid until the retro is distributed.   The attorney's  have a dog in the fight just like we do, , while the VSO gets paid every other Friday, just like the VA employees.  Its not real suprising that, when its "your" paycheck that is delayed, you want it ASAP.  I would like to see them delay congress paychecks whenever their is a VA backlog....and VA execs.  I have said it before, if the Veterans backlog was directly related to VA exec's pay, and congress, we would get our compensation in 2 weeks or less.  

[TexasMarine]

There is only one catch.  The attorneys generally like to maximize their share of the retro.  By delaying the case (for instance) of a vet due to get 100%, they stand to gain $8K - $12K per year delayed.

[Buck52]

I thought it didn't matter about the VSO or DAV  getting retro? in my case the DAV

Private Attorney's do or any Accredited  certified License Rep  Like Asknod  when he becomes certified to help veterans

 ...My DAV is worthless...so I hadle all my claims two ways  submit online with ebenny's or submit via Post Office with certified return receipt .

That's basically my  Official Stamped Document.

I believe if you get a Reputable Attorney   the retro has no meaning , his meaning would be to get your claim Adjudicated ASAP with full benefits.. the more cases an attorney gets approved is one more feather on his cap and a good Reputation..

 

When we work our claim  its up to us to check in with the VA or who ever we need to check in with about our claims , taking years to adjudicate a claim is ridiculous, with some exceptions of course...but a well grounded claim and proof  of evidence is all you need. 

jmo

 

..........................Buck

[broncovet]

I used to think the same thing, Texas Marine, until someone pointed out something to me:

If you apply for benefits, and get awarded, you get an effective date and start collecting benefits.  The attorney, if you hire one to get an EED, will only get a percentage of the RETRO, while you continue to get your benefits.  

Example1:

Veteran applies for PTSD in 2001, and gets denied.  He appeals to the BVA and gets his PTSD, but only to 2008.  So, he hires an attorney to collect his retro from 2001-2008.  The attorney manages to get the retro, but delaying the claim a month, a year, or 10 years is of no benefit it to him, since you have been receiving benefits since 2008, and he will only collect retro from 2001, 2008, whenever that occurs.  There is no incentive for the attorney to delay...it just means he gets paid later.  

 

Example 2.  Veteran applies for PTSD in 2001, and gets lowballed at 10%.  The Vet appeals to BVA.  The Vet appeals, and hires a lawyer.  The lawyer wins 70 percent.  Again, there is no incentive for the lawyer to delay, because it means that each month 10 percent more is deducted from the retro, to the effective date.  The lawyer disputes the effective date, and again, see example one.  

 

It just delays payment to the Veteran and the attorney, and there is no incentive for the attorney to delay the claim.  He wants the retro, not the month to month.  

[Holllie Greene]

Hi Broncovet,

Your post is very interesting.  I am now wondering if these (my county) county VSO's can be trusted to do right by a veteran. I have not turned in the form fro my VA doctor yet, California has had rain and people always seem to drive extra crazy in the rain.  My county's VSO is very nice but now I am starting to wonder who does he REALLY work for?  The county or is he an "agent" of the VA with plans to screw up requests for this or that.  As people say "talk is cheap" and thus far I have talked to him twice.  What is the real story?  Thank you.  HG