First time claim, 8 years since discharge - Better to let VSO file or File on VA.gov?

[MaxMax]

Hey, as title suggests, a few questions -

I am filing my first claim, which, in a perfect world, would have been done right after service, but it has been 8 years now through struggles to find the right diagnosis an getting treatment wrt mental health (I have another post as well).

I have been working through a VSO, who took a look at my mil records, but not my civilian records, and we have been doing a little work to identify which conditions to claim. 

I am wondering if it what is quicker, more efficient, better for all parties involved, etc...

Should I just pull up the va.gov site and submit a 21-526EZ through their site, with their web application (which allows me to put comments, attachments, guides through...), or to have the VSO file the 21-526 on my behalf? I'd have to do some more paperwork through him (like a middle man), instead of on the site directly. 

I am wondering if there is a perceived benefit to having the VSO be an intermediary?  Is there a way for me to submit on va.gov but also let them know who my VSO is?

[Lemuel]

Both good VSOs and good Attorneys are hard to come by in my experience.  The worst experience was with an American Legion attorney at the BVA in DC on May 15, 1990.  DAV had screwed the claim up so, I changed VSOs.

But it is impossible to get access to current actions without one especially if you are homeless and on the move.  The ROs and DROs never check the current address.  They just copy from the last document they look at.  So I have had things sent to addresses that were changed more than 15 years earlier.  You cannot catch these instances if you do not have someone that can see your C&P file.

For your medical file, you can use the Blue Button and see everything that has been digitalized.  When digitalized depended on the VAMC.  So I have a lot of things that were not digitalized and are missing though done at various VAMC or VACBOC when I was homeless and using mailboxes even though I always put in a forwarding address and immediately telephoned 1 800 827 1000 with my new address.  VA Medical never sent my meds to the wrong address.  But VA Compensation services rarely got the right address.

We need to right to our congressperson for equal access to our C&P file so when we have a pending claim we can see what is actually going on.  The "Claims and Appeal Status" on va.gov is worthless.

[broncovet]

I have had experience with multiple VSO's, several attorney's, and, also went pro se, since I filed in 2002.  

1.  The best representation is one with "a dog in the fight".  An attorney, essentially working "on commission" (paid according to what they accomplish, if anything) is motivated.  If you look at the BVA chairmans report, the awards, denials, and remands are broken down with each VSO, attorney's, pro se, etc.  The attorney's succeed a much higher percentage of the time than VSO's, or Pro se.  Read for yourself:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp   In a nutsell, attorney represented claimaints get a win or remand about 90 percent of the time.  Its closer to 80 percent for VSO's.  Thus, your odds are better with an attorney.  "However", attorney's wont represent you UNTIL YOU GET at least one denial.  Its in the rules somewhere.  An attorney can help you file papers, to file for benefits, but he cant get paid.  We call it "ghosting".  In other words, the attorney's name is on none of your documents.    They require a denial because of "pension hustlers".  Pension hustlers locate claimants "eligbile for pension that dont know it" (pretty easy), and file the documents for them and keep a big chunk.  Its unethical and probably illegal.   Pension hustlers are essentially corrupt and breaking the rules, and you normally dont have to worry about them.  

2.  As mentioned, a VSO can be a big help "especially if he has VBMS access."   Not all attorneys or VSO's have VBMS access, there are many hoops for them to jump through to get it, and not all of them bother.  Always insist that your representative have VBMS access.   

3.  A good representative should have access to a Veterans Benefit Manual.  They are about $230 or so per year, but are, by far, the best legal information available for both attorney's and VSO's.  There are many a half dozen attorney's "who dont need" a VBM.  Most of these attorneys who dont need a VBM Authored (wrote) the VBM such as Bart Stichman.  Ken Carpenter does not need the VBM, he has won hundreds of CAVC claims, and could write it, if he chose.  Bob Chisolm (CCK law) doesnt need it either, he could also write it.  But, unless you are Chisholm, Stichman, or Carpenter, you probably need a VBM.    

      My advice:  USE the VSO, as long as he has VBMS access AND, hopefully access to a VBM.  

 

[brokensoldier244th]

The entire m21-1 is  online for free, too. Along with the m28 Voc rehab manual. 

[Lemuel]

Bronco is always on target.

[Carl the Engineer]

My latest claim, I did all the paper work myself, then went to my CVSO, County Veteran's Service Officer's office.  Her assistant, who knows me from my previous 4 claims and knows my stuff is in order, took my stack of papers from me and ran them through his scanner, upload them into the computer and then handed my papers back to me.  I asked if they were in there and he said, look at the screen, and sure enough they were there.  All of 5 minutes, in and out.

That was and is the fastest claim I have had to date.  No snail mail delay, etc.  

Not sure every (C)VSO has that capabilities, but I would look for one that does.

However, since this is your first claim, you might want to let someone look at it.  But, be careful, one time, the VSO took some of my duplicate med documents out of the stack, which I did not like.  I like to have medical documentation for each issue claimed, even if the same document is used in more than one claim.  Easier for the rater to read or reference if it is with the issue and that he doe not have to go looking for the same doc 2 or 3 times. 

I think it was part of her paper reduction act, LOL, but with digits, it's free, so the more the merrier. 

Hamslice

 

[brokensoldier244th]

They'd have to, because otherwise they couldn't ever see the status of your claim. Every national organization for veterans has a login to VBMS. Attorneys and CVSOs not so much, it depends on them to go through the process.