Denied Claim Submission

[gumba88]

I was wondering if anyone else has experienced this, but I have email chains with a veterans claim representative where they refused to SUBMIT my claim because they said it would not be something I could claim.  I ended up submitting my claim myself, then submitting to higher level review and it looks like my claim is getting approved.  If I had not been tenacious and listened to the VA rep that wouldn't even submit my claim, I'd be out thousands in backpay and a rating.  Has anyone experienced having the VA refuse to file the claim?  I started thinking about how many vets this could have happened to...shut down before they even submit!

[rightstrivinsissy]

Yes I experienced this and was successful when I submitted it on my own.

[GBArmy]

gumba88

You wrote...

4 hours ago, gumba88 said:

... I have email chains with a veterans claim representative where they refused to SUBMIT my claim because they said it would not be something I could claim. ..  Has anyone experienced having the VA refuse to file the claim?  I started thinking about how many vets this could have happened to...shut down before they even submit!

I believe you have two things going on. First, you used  "Vet Rep", probably a VSO correct? Possibly from the VFW, Am. Legion, etc and he refused to submit? But it really wasn't a VA employee who refused correct? They can't do that! The VSO from a service organization can attempt to convince you that it won't work, but a VA Direct can't.  Now, what I would do, and this has to be in your make-up, not everyone would do this. I would wait for the the decision letter to be official, and then I would take a redacted copy and make an appointment with the supervisor/manager whoever of the VSO you went to an show him/her what harm they would have done to you IF you followed their advise. Not only is it ethically wrong to refuse, but think of how many others they must have done this to. If you get no satisfaction, send it to the state or regional head of the organization. Help your other brothers and sisters get the proper assistance they are entitled to.

By the way-GREAT JOB. Nice going. Remember, with the VA, the veteran is his own best advocate. Nobody, I mean nobody, has a greater interest than you do in getting the benefits you have earned.

[pacmanx1]

A lot of veterans go through the same thing. Years ago, I had a VA supervisor tell me I had no way of getting an increase. I think I was around 20% and that was around 2000 and around 2004 my VSO told me not to file an appeal because I would lose my ratings. I fired him and started filing my own claims, my ratings went from 20%, 40%, 60%, 80%, 90% and finally 100% P & T in 2007. VA then called me and asked me if I wanted to close all my claims on appeal. I have won several BVA grants and finally last year I won a 1998 un-adjudicated claim (Basically BVA reviewed my file and granted a claim that my local VARO ignored) so my claim was never processed so BVA made them pay me retro from 1998. I am still waiting on VA to complete my remand and send my claim back to BVA. Now I wait because the VARO still refuse to correct my percentage and BVA will have to make the decision.  I believe I have solid evidence but VA still trying their best not to pay out. My records are full of evidence  but that is the game we play to survive. 

[Buck52]

This has been said a thousand times

A Veteran knows his/r claim more than anyone and it's up to the Veteran to see that he gets what he deserves...himself  or from someone that can help.

a veteran is his own best advocate 

Anytime a VSO tells me not to file  for increase or anything really that's when I  get rid of him...sometimes a veteran don't know what to do and they count on these VSO's  but there;s always other VSO 's  that will listen and be very helpful.

just got to get with the right one.

One DAV VSO really pissed me off  one time  ,I went into his office and said I want to file   he said what on? I said PTSD  he grab the form ask me my ss #  and had me to fill out the form  with just my Name & SS# & address  and that was it   no medical records or anything ,   then he took the Form and wrote the letters PTSD all the way across the form  said mail it.........I tore it up throwed it in hid face and said F/U..I WALK OUT MADDER THAN AN OLD WET HEN

Got back home download/uploaded it out the PTSD FORM 21-0781 and my medical records evidence and submitted the claim via e benefits..  they sent me a letter for the C&P  And .it all worked out for me.

[GBArmy]

Buck Again, I agree. If a VSO tells you "not to file  for increase or anything really that's when I  get rid of him...sometimes a veteran don't know what to do and they count on these VSO's  but there;s always other VSO 's  that will listen and be very helpful", why wouldn't you fire him??? The reason you have the VSO is to help you...if they don't want to, get rid of him. End of story.

[blahsaysme2u]

i have some issues going with 2 claims and had appointment with my VSO yesterday. first time i have had a really bad meeting with him. 

he is so concerned about getting me to 100% and nothing else. said i am worrying too much about getting claims correct when i am going to get my OSA claim and be at 100%. i told him its not about getting to a certain % but making sure things are right. he said "either you want to be treated by the VA for your claims, you want to make it 100% or its about the money..you are being treated and if you make it to 100% you are covered from head to toe medically...so is this about money"

i was really frustrated bc then he said he doesnt know how to proceed and recommends me getting a lawyer if i dont want his recommendations. fortunately the state of VA has lawyers on hand to talk to through their VSO program, so i have an appointment with one.