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DAV let my Letter of Intent Expire


cali_21B

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Ok, so I signed I letter of intent with the VA on October 18, 2018. Fast forward to today-I am using the DAV to file my claim. I emailed my local DAV representative at the Fresno VA Hospital all my paperwork on the 1st of October, 2019. I had no response for two weeks so I called the DAV on the 14th and reminded them to file my claim and was assured by the local representative that he would submit my claim. Heard nothing for a week or so. Called today and the DAV representative totally dropped the ball and did not submit my paperwork on time. I have the paper trail and emails and call logs to the DAV. Any advice on what my next move should be? 

I am beyond pissed, frustrated, and generally just angry. I cannot believe this happened. Has this ever happened to anyone before? I am thinking of suing the DAV, filing complaints, contacting the VA and DAV, contacting my congressmen and senator. This reps name is M. Lopez and is a real piece of work. All he had to say was "lets schedule you an appointment for next week and submit your claim". Any advice would be greatly appreciated. 

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You are your own best advocate. I had an intent to file expire mainly for forgetting about it.

You can't sue the DAV for that. Intent to file is you were intending to file but didn't. You can file complaints to who ever you wish but this isn't going to get much attention with your congress reps compared to say being a vet at the Phoenix VA aka ground zero.

Welcome to Hadit. Order your c-file and learn 38CFRs. You'll be better off winning your own claims. Each average VSO has 1500 vets.

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I suggest you go ahead and apply for benefits.  If awarded, you can decide later if you want to sue that VSO.  I would not sue him now; until you have actually received benefits you have not been "damaged" finacially, so you probably wont win a lawsuit.  

It may not be worth it to sue them for a years worth of benefits, depending on what percent you get.  

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