TEN Ways your VSO can sabatoge your claim

[broncovet]

When you get a VSO, you assume he is on your side, right?  Of course, there are many great VSO's who are a great help, but, which one will "you get", a great VSO knowledgeable and willing to help you in every way, OR, a rookie, or a VSO who is more interested in helping VA achieve their goals.  Chances are, you will get one of the last 2 and not get a great VSO.  Why?  Well because the great experienced VSO's are super busy, so when you call the office, they are "booked up"...so you are referred to a rookie or a VSO with a well deserved poor reputation, both of which have plenty of time to see you.  

This does not mean all VSO's are out to get you, or that all are bad.   There are many great VSO's out there, its just that it is difficult for the Veteran to "land" a great VSO for the reasons I explained, above.   As President Regan once said, "Trust but Verify".  

Here is how a poor VSO can sabatoge your claim:

1.  By delaying, manipulating the dates,  or not sending your claim in at all.  Filing a claim is a lot of work.  When you leave his office, you assume your paperwork will be sent to VA promptly.   This isnt always the case...even VSO's have been caught with dozens of Veterans unfiled claims in boxes.  Here is evidence a VSO manipulated the Dates on Vets claims to avoid self incrimination:

https://www.va.gov/oig/pubs/VAOIG-15-01332-121.pdf

2.  By not keeping a record of everything he sends VA in your behalf.  I have personally submitted claims for dependents through my VSO, who either never sent it in, OR, sent it in and VA lost it and he failed to store a copy long term.  VA says they have no record of it.  Of course, this costs the Veteran money in retro benefits, and, sometimes, means the VEt has to appeal unnecessarily so.  

3.  By not reviewing your records and submitting all the benefits to which you may be entitled.  Some common benefits to which Vets are sometimes eligible, but are not filed are:  Pension benefits (MY VSO did this, I had no idea I was eligible for pension until 2 years later), TDIU, Aid and Attendance, Education benefits (Chapter 35), and Voc Rehab benefits, especially ILP.  

4.  By neglecting or disregarding some "very firm" deadlines and informing you of the same.  The "one year" appeal deadline is "carved in stone" and, if VA receives your NOD 366 days later (except in leap year), you will lose every time.  

5.  By lying to the Veterans they represent.  I called my "national VSO" and asked him why ebenefits showed my appeal was "with VSO".   He responded to not worry about this because my place in line was "held" because I had a docket number.  However, when I called the BVA, they did not have a docket number because they were waiting on my VSO to file a brief in my behalf.  Thus, the VSO lied and delayed my claim another 18 months, unnecessarily so.  

6.  By withdrawing the POA at inconvient times, sometimes due to stuff unrelated to the Veteran.  MOPH, for example, has pretty much closed its offices, so even tho MOPH is still representing Veterans, often the Veteran has no way of contacting their VSO.  

7.  By not returning Veterans phone calls.  The Vet had a reason for calling, so he thinks he "took care of it" by calling his VSO and leaving a message.  When the VSO never returns the call, the issue is often forgotten, but that does not mean VA forgets to send you a denial, or, almost as bad, just delays your claim.  

8.  By giving poor advice.  Example:  Apply for "one" benefit at a time, and wait until that is resolved before applying for others.  This hurts your effective date and costs you money.  Example 2:  Dont apply for any more benefits, VA will "review your file" and reduce you instead.  Fill in cliche, here:  (Dont Rock the Boat, Leave sleeping dogs lie, Dont stir the pot or you will get burned, Be happy with what you got (and dont ask for all that you deserve), etc., etc)  

9.   By being lazy, inefficient, complacent, mad at another Veteran, etc.  Filing an appeal is a lot of work.  It means gathering evidence.    Why bother?  It does not affect the VSO's paycheck.  Your VSO does not have "a dog in the fight" like your attorney does.  

10.  By neglecting Checking VBMS or other records for things like required C and P exams and notifying the Veteran.  

If I forgot any, and your VSO sabatoged yoru claim in other ways, please post it below.  There are many more ways they can sabatoge your claim!!  

Edited September 24, 2018 by broncovet

[Berta]

Great Advice Broncovet!

And this is why I hope your spouses get up to speed on the claims process , in your lifetime, to avoid the pitfalls of 

-at some point in the future , of being your survivor. They should not  depend on any VSO to do all that they will need to do, for acrrued benefits and/or DIC benefits.

I was told by a former vet rep not to NOD a 1998 award letter. He said 1151 DIC awards are different from regular DIC awards . He was wrong.It bothered me for years until I filed 2 CUEs on it-

and the CUE sat at my RO from 2003 to 2009,until I asked the Nehmer VAR0 in 2009 to adjudicate the CUEs as they had bearing on a proper Nehmer award. They did.But the audit was for an "estimated" amount, and is off by many may thousands of dollars, so 4-5 CUEs filed on that.

Since the CUEs were awarded in 2012, my point is they could have been awarded in 1998 ,if I had filed a NOD or CUE then.

Also the VCAA is different for survivors than the regular VCAA for veterans.

Because of that, survivors have to carefully heed whatever the VA asks for.

When they are sent a 5103 I advise them to do what I did and if they check off that they have no more evidence to send, I advise them to list on the back of the 5103 waiver all of the evidence they have sent to VA, by date and brief description of it.(and refer to the back of the waiver for this info)

I had a VCAA violation in 2015. And one in 2003.

In 2003 no one at my POA would support me on that violation,not even their Director.

In 2004 I was at the local VAMC and noticed a car parked at my former vet reps office- it was a vet rep from a difgferent locale, just handling things for one day there. He wasnt busy so I asked him to look into my POA file and read my VCAA letter. He immediately said Hey that is not a valid VCAA letter.I told him briefly of the problems I had getting it corrected through the POA rep I had and he didnt know what he could do.

The BVA acknowledged the VCAA error but said it was moot because they awarded the claim anyhow.

That was the first time any VA entity had acknowledged my Probative evidence.

This type of violation cmes under Duty to Assist- no way to CUE that 

BUT it can set the stage for an immediate better result under  a valid CUE of the decision that follows.

That was the way my 1151 HBP claim was awarded.

We see very few widows here who actually have a good handle on what they need for their claims.A few have done lots of legal and medical research but still fail to obtain an IMO if needed.

Some  have filed CUE claims that are not valid at all.

The accrued regulations changed in 2010 only  with Nehmer claims. DIC regulations have changed minimally over the past 20-30 years.

We have everything here that survivors need to know.

 

Edited September 24, 2018 by Berta

[vetquest]

My original claim was being handled by a good VSO but was sabotaged by his death the day before my claim was adjudicated.  I walked in and was met by a new VSO who said, what the hell do this all mean?  He was annoyed that he had drawn the short straw and had to represent me cold.  I lost horribly and was awarded 0%.

A VSO did not file an NOD in a timely manner and then said my case was over.  I was lucky in that I had filed a brief and after much research found that at that time and the VA considered any brief as an NOD. 

A lawyer told me that "You got TDIU so end your case, you are taking the place of another veteran who needs their case heard".  I was awarded 100% P&T and SMC when I did not take his recommendation.

This beginning of this post should be a permanent thread.

 

Edited September 24, 2018 by vetquest
after thought

[broncovet]

The 10 ways I listed that VSO's can sabatoge your claim is NOT a complete list!!!  There are many more.  

[gbat]

I had a county VSO who told me to wait for evidence to be in to file for a claim that would go back 12 months. I waited for my supporting documentation for 18 months, At 12 months I emailed her once a week with crickets getting back. 6 months later she emailed me and had the gull to say her email was broken. It was for a PTSD claim, then she sent me to an outside provider that the state paid . However as you know, VA must determine PTSD originally. Total two years lost.

[Berta]

Years ago, probably on the older hadit board, a veteran successfully sued a VSO, for a loss of over 2 years of TDIU because the rep had said they had filed his TDIU claim, and he found out they had not filed it at all.

He filed the claim again and proved that the rep had failed to send it the initial claim to  the VA and the rep was sued for what those 2 years cost the vet in comp.

I am concerned and dont know-( because I would never get a vet rep again) that when a vet rep files a claim on line  for a vet- do they give the vet a  dated copy of what they are filing?

 

 

 

 

 

[Vync]

Great topic and posts!

Here are some of the VSO blunders I encountered:

- Typing a vague claim request consisting of one sentence like, "Veteran would like to file for disability benefits for A, B, C, D, etc.." and stating the VA will go through my records and find "everything".

- Copying service treatment records, but not sending them in with the claim application. Resulted in a denial letter, "There is no medical evidence A, B, C, D, etc.. were treated during service." Claim was decided with an empty claims folder.

- Not explaining how the Caluza triangle works and the importance of a medical nexus.

- After my initial win, VSO advised not to file any additional claims because the VA might take my benefits.

- Failing to advise to NOD because DeLuca was not applied.

- Left me a message to call back on Friday. I called back on Friday, learned the office was closed for "training" every Friday.