Just a Comment on VSOs and Who they Really Represent

[Galen Rogers]

Howdy all. I recently received a decision letter on some of my claims. Some were positive, some negative, and some in between. After reviewing the decisions I have decided I am going to file a NOD on the decisions. SO as a courtesy I emailed my VSO to keep her informed on my intentions and provide my rough draft disagreement statements and reasoning. She immediately sent it to their legal staff. The legal staff came back with every reason why I should not submit a NOD. Their response is below.

"If you are going to NOD and apply for an increase, you need to be aware of the risk that you could be reduced for the knee and/or not increased above 10% again if they do conduct another exam. Given that you just had an exam, I am not sure they would request another exam so soon after. Do you have a private doctor that you would be willing to go to to get a second opinion? Either way, applying for an increase will likely result in another exam down the road.  But you should know of the risks associated with it as we are seeing many veterans applying for increase in turn being proposed to be reduced. 

As for the inadequacy of the exam, we can certainly make that argument, but you will need to go into greater detail as to what she did in the exam that rendered it inadequate. I see the statute you have cited, which is fine, but we need more details of your specific exam. 

As for your disagreement with OSA.. Your logic that the VA had a duty to assist that extended to the Rater who should have known the link between GERD and OSA does not supersede the requirement for that evidence to be submitted specific to your case and your issues. BVA decisions are not precedential, and every veteran still needs to make an argument based on their medical and military history."

Now whether they are really concerned for me or just trying to dissuade me from  filing a NOD, a Vet who is not a little versed in the VA Claim game would be discouraged and probably just accept the decision and not file a NOD.  I know that is what i did in 2001 and then again in 2008. I won't do that now.

ASKNOD just reminded me recently that the VSOs are actually chartered to assist the VA in adjudicating our claims. That means they work for the VA and not us. So as the old saying goes "Buyer beware".

[retiredat44]

Quote

I hate telling vets to not VSO's, mostly because they can screw you bad though stupidity, lack of experience, or overworked.... or bad attitude.... but then again, a vet usually has no clue how it all works.... then the problems of no attorneys take claims that are not slam dunk... one big decision is if the vet is to sick to concentrate on learning this claim system, something that vets should not have to learn.... and can't learn if you are so sick you can't function.... so  best thing to answer with is use them if you have to but try to do everything you can to stand on your own and get help from as many sources as you can. Don't always tell your vso that you are talking to anyone else, they will use that against you, I don't know why,, but they do. if you can't get an appointment for along time because they are overworked, and they have a shitty attitude (I have been treated very bad by some) then try to get another, you don't need someone who doesn't care. I could tell story about some that were really bad, have been left deserted high and dry at the worst possible time by those leaving their position, or could not talk to one with deadlines looming. The claims and judges at the va could care less about your sob story, they have a million others to wade through. It is broken. For those of us that had friends or parents that were disabled vets, we remember the excellent service they received. They were not abused or fought with the va helped them the whole nine yards. Forget that for us, we are in the spot in history where we are on our own. IMHO.

 

Edited December 14, 2018 by retiredat44