Testimony About Varo Bad Faith

[Guest fla_viking]

Dear Fellow Veterans & Friends

this is testimony taken from James R Fischl the director american legion 2002.

"Two weeks ago the American Legion quality review team visited St Petersburg RO. While there we were confronted with graphic evidence of premature and erroneous denials of claims. A general lack of compliance with the veteerans claims assistance act rules and other types of inapropreate actions. there were cases in which veterans recived letters there claims were being dismissed because there military records have been destroyed in the 1972 fire. The problem was that these veterans got out of service years after the fire took place

At the St petersburg some of the American Legion cases had been remanded by the board more than 5 years ago and still waiting for RO action.

Two things amazes me about this testimony. Veterans still feel they can reason with these folks. A appeal driectly to BVA after RO denial is still quicker than an appeal 2 or 3 years latter after a DRO bad faith review and denial.

The American Legion is making its vets wait over 5 years for a RO ruling and they do nothing to move the case along. Myself I file Writ of Mandamus after 1 1/2 years. I think the american legion is affraid of the VA and allows the VA to screw its vets over. I have always said the service organizatons work withiin the fram work the VA sets for a vets claim. Allot of times the frame work of the VA is on a rotten foundaton.

As long as veterans try to play the game the way the VA has it set up. I can promise you the VA has rigged it and you will come out a looser.

Terry Higgins

[john999]

Terry

I agree that there is tons of bad faith at the VARO in St. Petersburg, but I did win my DRO appeal at St. Pete in less than a year. What I think is that once the VARO has dug in their heels on a claimant then the only way out may be to go to the BVA. Before that point is reached their is hope via the DRO process. I have used it three times and won at least a large portion of my claims. I went to the BVA and was remanded back to the St Pete Office and it then took me two more years via another decision and a DRO appeal to get my increase and my IU. In all it took me over 5 years to go from 30% to 70% using the BVA and the RO.

[Guest fla_viking]

Dear Jhon

At one RO 70% of the claims were remanded back for the same old stupid RO errors. I dont feel that lucky with them especially when claims sit there for over 5 years. I would suggest your winning at the RO level is the excepton.

Terry Higgins

[sixthscents]

Terry,

You are assuming that the claims wait for 5 years at every VARO. The fact is that in MY experience in advocacy, and my own claims, the wait time is generally 12-18 momth for the claim to hit its ceiling. I normally get some rating within 8-12 months. This is at several VAROs. Not just mine. You obviously have a bad VARO, but that doesnt mean that they all are.

Yes the system could use a drastic overhaul. However the better prepared a claim is, with the evidence that the VA cannot deny, and the tests they will obviously order if not completed already done - the quicker the claim will process. I recently filed a correction to a rating decison on my own claim, and the decision took 21 days from the VA's receipt. I was right and they had been unpaying my SMC at L when it was supposed to be L1/2. Then back pay arrived on Tuesday... about 10 days later.

So, while I certainly have sympathy for your situation, I find that making generalized statements without any statistics is meaningless. I personally have had problems with the Cleveland VARO. I think that you statement would hold true there - in "my" opinion. Yet I have had a great deal of success with several others, so... In "my" opinion it is more normally acceptable to use the VARO option first and then file to BVA if necessary. There are certain instances where it is better to go the BVA route.. specifically in claims which can result in large amounts of backpay. I have never seen an instance where a VARO awarded backpay in excess of 15K or so. I think those claims will probably collect dust at the VARO level. But they are the exception and not the rule.

Bob Smith

[Berta]

"I have never seen an instance where a VARO awarded backpay in excess of 15K or so. I think those claims will probably collect dust at the VARO level. But they are the exception and not the rule."

They did in my case Bob- well over that figure on a CUE and also two other claims I had in the past-and for other vets I helped- one friend of mine got well over $100,000 in one retro check and others I know and have helped -with claims at this same VARO have gotten very large awards=well over 15 K.

I do agree however=that these seem to be the claims they stall on the most.

At some point-based on evidence- they certainly know there is large retro involved-

it is one reason I believe my AO claim has been there for almost 4 years.

[Jazona]

My back pay was over $50K. Remand sat at the RO for over two years.

That is no way to treat a veteran.

jaz

[Pete53]

When the Dems take over in January let the oversite begin.