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VSO states they work for the VA not for ME

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GeekySquid

Question

So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's.

So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment.

On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office.

I knock on the door anyway. Two ladies answer.

Tell them what I want and that I need them to do it today.

They invite me into the office.

I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need.

The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this.

Okay

I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P.

She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly.

She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim.

She then says "We work for the VA not for you, and the VA knows what it is doing".

this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file.

I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more.

She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO>

She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"......

Just f'ing wow.

Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents.

She then yells to the other woman to get "Bill".  Man comes in and says "those are VA files you don't get to have them".

I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW".

I ask him why he is sticking his nose into an AL situation? He gets mad and leaves.

She writes down her name, at least I think it is her name, date and time .

Then says all she is going to do is fill out a FOIA.  At this point I decide to let her do that and get a copy to submit with my complaint to the AL.

 She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what  I want.

She literally tries to argue with me.

I tell her to stop arguing and write the FOIA the way I tell her.

She writes it wrong in her own phrasing and i made her redo it.

Then I made her add Time is of the essence on the form.

When she handed it to me. I initialed before and after the typing and drew a line threw the blank space.

She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying

'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature.

 

I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.

 

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There are good individuals and bad individuals that work for VSOs, so don't automatically think the using a VSO is bad. Always remember just because they say something they may be wrong. I would suggest always verifying everything you hear, even if you like what they are saying. All businesses and federal agencies have their good and bad employees, it is a fact of life.

1 hour ago, GBArmy said:

there is absolutely no one who is a better advocate for you than yourself, and don't forget it

GB is so correct when he said this, you are your own best representative.

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I agree that there is no better advocate but yourself. 

I have also had bad experiences at VSO's.  The evening before my first hearing at the VA my VSO had a heart attack and died.  The new VSO met with me that morning and made no qualms letting me know it was more work for him and he was not happy.

That said a VSO can help make things easier on you when it comes to forms and procedures.  I use a county VSO because he has access to VBMS.  The only problem now is that my VBMS access is set so high he cannot access my VBMS records.  God love the VA. 

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  • HadIt.com Elder

Just my opinion here

but usually a NEW VSO to the claims system is not worth a dime   and most new ones screw things up pretty bad  by not knowing what to do what to submit  ect,,,ect,,,and they never never admit they was wrong  so this is how they screw the Veteran...this is why we say here on hadit  check your VSO out before releasing your POA  check their back ground experience, how long have they been a VSO?  How much experience do they have with VA Claims, How many cases they won ect,,,ect,, And always let them know do not send anything in without your permission or you have seen  and read what the VSO is doing and you Agree.

It helps to familiarize your self with the CFR Regulations and Rating Criteria  of what your claiming.

*especially you young veterans that are still green behind the ears.

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nightmare from hell and having a POA that sucked.. while I lived at the VA I could not use any of the VA that had offices there because I had a VA that was not in those offices... so they would not even talk to me...

and when I tried to meet deadlines my POA kept telling me the soonest appointment was months out,, I was furious,, this place was highly recommended by the whole Vet community. But the Vet that was a POA for them was moved to another job up the food chain and it was like the whole structure under him collapsed.. it was the worst possible time to me because I had a ton of claim stuff, documents, and a scrambled non-functioning brain, to figure out and I was stull trying to learn to walk again after being food tube fed in bed for 6 months and could barely talk. I need help badly and was abandoned to t he wolves. I cannot find the words to tell people the hell..... the flames in the pit. All the lawyers in the area of the USA wanted lots of cash up front because they knew the va fight would take eons. it was a huge impossibility. I was treated horribly.

 

I wish I could print names of the people who suck , but it is not my website and I know I would get into trouble. But, it "might" save lots of vets huge problems.... I fel bad for al those that went through these people, and those that will. They should be warned.

Edited by retiredat44
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I need some solid advice from all you hardcore VETERANS...Exactly what avenue should we take to get compensated for our service related sickness/injuries when medical records are not on file? searched high and low, every duty stations and hospital, initial home of records etc. NO INSERVICE MEDICAL RECORD.

 

 

 

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  • HadIt.com Elder

Yo have to have what we call a Caluza Triangle: 1) an in serice or s-c event ex. fell off of a duce and a half and hurt your knee, 2) a current doc's diagnosis ex. bad knee now, and 3) a nexus or connection to the first 2 elements. If you don't have the in service documented, it is up to the VA to get your med records, or str's for you. Unfortunately, they aren't always successful, and you fail on one of the elements needed. There is a slight chance that you could have several buddy letters that could verify the event by witness, but it isn't strong. Then you would have to have a REALLY strong IMO for a doc (specialist) that says that your current conditio more likely than no is directly related to your s-c injury because of ??? including evidence of how old the injury is. He must opine that the cureent injury had to be based on an older injury based on the time it takes to progressively deteriorate. Not having the in service documented is very difficult to overcome, but it can be done.

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