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

[Ricky]

Pete, not wanting to get political here but what makes you think things will be better under the Dems? All of them regardless of party treat vets like crap. We are a drain on their pork barrel funds the need to toss around to insure they are re-elected. JMHO

[Guest fla_viking]

Dear Ricky

I am a Democrat and come January I will take it upon myself to treat you better :)

Terry Higgins

[Pete53]

Ricky:

My intention was to point out that over site the system of checks and balances will be back in play. The Republicans have had no real opposition of been held accountable for years.

I did not say that Democrats will treat us any better but for the last few years its seems that on critical votes for Veterans the Republicans vote against us and the Democrats Vote for us.

Like Florida I am a life long Dem having grown up in Texas where you could not really elect a dogcatcher unless he was a Democrat until 12 years ago.

[Chuck75]

When the government is involved persistance is your best weapon. Once it is obvious that you will not go away, there is a strong desire to resolve the issue (one way or another)

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.

[sixthscents]

Berta,

I appreciate the information but I said "I have seen", not others have seen. I try to use my own experience whenever possible because often sources for other information are unreliable or contain special instances that are not known. I trust your input, and know that when you say something it's correct and relevant to the facts at hand. I cannot say that for all however. So, when I say I have seen, I mean I personally have handled an advocacy claim. Now I know that there are a great many situation that I have little or no knowlege of, thats why I ask here, but still, I have yet to get a substantial back pay at the VARO level, or one in excess of 15K. I currently have a CUE going to BVA, that was denied at the VARO level and is glaringly obvious. MY only conclusion is that they simply do not, or can not grant such a large back pay amount and are stalling. Its that obvious...

Thank you though, I will add your info into my process.