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

[seminoles]

On 9/24/2018 at 7:57 AM, broncovet said:

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!!  

I am surprised you only posted 10!

 

[Ulises Pico]

Is there a way they can directly sabotage a claim once it’s already been filed? Such as a complaint filed against that vso and them finding out about it?

[broncovet]

Yes.  Most wont be vindictive, but there are exceptions.  

A VSO can,  for example:

...withdraw all or some of your claims.

...neglect to tell you of a decision, causing you to miss appeal date.

...neglect to send in paperwork, such as dependent change, change of address.

...neglect to inform you of a c and p exam.

...neglect to tell you he is no longer a VSO and has moved to Japan.

...delay many aspects of your claim such as by sticking your claim in his file cabinet for 2 years without filing it.  

...the list goes on and on.  

[Buck52]

I tell veterans that use a VSO  to stay on top of their claim ask questions email phone calls  ect,,,ect,,   they need to tell the VSO to keep you well informed of any changes or forward progress, if your in doubt your VSO did something   then do it your self   if you doubt he/she sent something in?..you send it in too    ...

[Berta]

A new member asked:

"Is there a way they can directly sabotage a claim once it’s already been filed? Such as a complaint filed against that vso and them finding out about it?"

Been there done that-

I filed a 43 page complaint with evidence with the Office of General Counsel against my state vet reps.

The result was their director was suddenly removed, and every one of the many reps that had already tried to sabotage my claim were gone by the end of the year.

They  revoked my POA-when they find out I had griped to the state Governor's office.  I didnt have to.

I had even donated the VBM to them, but they didnt know how to read it. I wanted it used  for vets to be able to access. They moved the VBM up a narrow stair case to what seemed to be a storage area, where many vets were so disabled they could not habndle those narrow stairs.

I have read  BVA decisions almost every day-since BVA decisions came on line and am shocked at how many BVA awards SHOULD have, and COULD have been made at th RO level, but the POA they had, didnt know VA 101.

I think most Vet reps just want to get a NOD filed, even if the NOD does not accurately state why the decision is wrong, (some are valid basis for CUE but vet reps dont know most of the time what a CUE is, ), and then hope the claimant will or will not file a I-9 , because they just want to denials out of their hair.

I still get angry when I remember what they did to sabotage my claim....

it was the most important claim of my life- and the only BVA claim I ever had and it was awarded .

I was delighted to send the State Vets affairs lawyer a copy of my award- to prove that all along my OGC complaint was valid and their office at the local VAMC had employed individuals who did not have a clue on basic VA case law.

I think I have mentioned this before in this thread or elsewhere here-

if you love your spouse, get them PC literate and make sure they have your hadit password or open their own membership at this site, if you die.

Everything they need to know about DIC, AO death ,and accrued is here.

It isn't inside some vet rep's brain. Yes there are some good vet reps but they are overwhelmed.Because they go the whole 9 yards.

Vet reps have multiple claims from multiple vets all the time- you only usually have one basic claim, that could change in time to secondarys etc etc, and you are the BEST vet rep you will ever have, if you are willing to learn what a valid claim requires and what evidence you need.

A few weeks ago I wanted to respond to a new veteran here. His question was brief but it required some research on my part. I started researching for the best advice I could give him ( at 6 AM- I get up very early) and found, when I answered his post, with some critical links and other advice, that it was already after 9 AM.

Research takes a lot of time and was the major factor I had in all of my awards.

That research includes a thorogh study of your own medical records and often you need your SMRs and 201 file. Vet reps and VA claimants people do not do all that for you.

If a lawyer thinks you have a good case they can help with -the lawyer will do that- and if you need a strong IMO/IME, a doctor with expertise that outweighs some C & P crap opiner, it might cost you some cash, but it will be the first thorough reading of your medical history, you will ever get.

If you need to prove AO exposure-there are  ways to do that in our AO forum.

If you need to prove a stressor, that can be done as well. VA might write to you and say they contacted JSRRC and JSRRC said they found no proof of your stressor, but if you write to CURR yourself( JSRRC) you might learn that VA never attemped to contact them and you might then get valid proof of your stressor. ( had vets here this happened to)

If VA tells you and your rep that your records were lost in the St Louis fire, that might be a downright lie. That happened to a AF vet I know.

He got all of his records-they were not destroyed by fire.

The VA told that to another  younger vet I knew- but he was only about ten years old ,when the fire happened, yet VA told him his records were burned in the St Louis fire. He had a state POA who never even checked the dates of his service, compared to the date of the fire and the veteran's date of birth.

 

I am glad Broncovet's topic came up again. I was asked a question by a veteran (we have many vets in my church) right before our prayer meeting started yesterday-he added that if he could get a hold of a good vet rep in another state , the problem could be solved.

I told him not to bet money on that, most of them never answer their phone,and dont have a clue on the way the VAMCs work....it was a situation where a VAMC in Fla refused to admit his wife's cousin.  I  mentioned contacting the PT advocate there. All VAMCs have a web site and contact info.

He emailed me a few hours ago that the problem had been solved- dont know how. He had lots of options.

 

 

 

 

 

 

 

 

 

 

 

 

Edited April 3, 2019 by Berta

[broncovet]

I forgot number 11.  

SMC.  VSO's must  think that SMC stands for "Severely Mismanaged Claim", so that is what they do.  A Veteran who thinks something is not quite right in that department, should try this post, which explains it fairly well.  Its the Mr. Potato head version:  

https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/