Has anyone ever had bad luck using DAV?

[Remisdad]

I decided to use DAV to help with my appeal. When I went in to see the lady and I was very disappointed. She basically argued with me about my appeal, she couldn't figure out the dates on my claim, and she couldn't answer my questions without sending the question to someone on the other end of her computer. I took it for about 30-45 minutes asked for my paperwork back, I told her have a nice day and left. I was mad all day! Lol. I guess I'll go back to my VSO. I really don't know how this lady got her job because she knew nothing. Anyway I hope everyone using DAV has better luck than I did. 

[john999]

My experience with DAV is that they just take what you give them and go with it.  They don't have strategy to help you win your claim.  They don't think outside the box.  They just shuffle paper.  They did not tell me to get IMO's.  This was crucial for winning my original claim.  Berta and others here can think rings around these VSO's.  The DAV is so willing to just take the crumbs on a vet's claim.  They are big on telling you not to push it if you get an award.  They try and scare vets into just settling and forget the appeals.  No nod and BVA appeals and most of the time you will lose.  I have seen a DAV VSO reduce a women vet to tears.  Just a repulsive display.  Needless to say I got up and left after seeing this gorilla shame a vet.

[Carl the Engineer]

My "rep" is the VFW.  However, I use my CVSO, and I do all my own forms (except the first one) and have her send it to the VFW and then they submit the claim.  I have never seen anyone, CVSO or VFW add anything to my claims, ever.  You would be hard placed to show me anything the VFW has done for me regards being my rep.

And now, when I submitted my last claim, the assistant and the CVSO, looked me (my VA folder) up on his desktop, took my claim, scanned it to my VA folder, and then gave me back my claim.  And two days later it showed up on Ebenifits. 

I don't think the CVSO or the VFW ever looked at my claim.

Just sayin,

Hamslice

john999, I finally got the much covetted, "why would you appeal, you got 100%", when talking to my CVSO.   

Edited March 2, 2022 by Hamslice

[Jake206th]

I have used several service organizations over the years, including VFW, and DAV, and a few others I can't even remember.  I would usually contact the big organizations in Portland or Seattle, and look for a knowledgeable person at an office that I could contact easily. If the competent person left, and there weren't any other competent VSO's left there, I would shop for one at a different organization. So I have bounced around for 20 years, probably 5 times.

There used to be a few really good VSO's people at one time or another over the years, and word of mouth spreads. But then they get overloaded and burned out and leave.

I used the DAV exclusively for about 10 years. They used to have 1, or 2 different competent people I could talk to for advice, but I mostly used them as my eyes to see into the VA system and I filed all of my own claims and arguments myself. Recently I had to drop them as they were taking actions without consulting me. Plus they have gotten much more difficult to contact, and even less competent than ever. I had lots of bad advice from them, and the other poster is right in the observation that they will commonly try to discourage you from perusing a claim, or appeal.

It is hard to find someone that was both knowledgeable and competent, and that you can actually get ahold of when you need to.

And the truth in my opinion is that no service organization is going to dedicate the time to go through a Veterans medical records, and claim records with a fine toothed comb like the Veteran can. The problem is that the VA claims process is very confusing and frustrating to navigate when first starting out.

 

I am not a lawyer, and nothing I have written is legal advice, it is just how things appear to me based on my limited understanding, and therefore may be incorrect.

Edited February 4, 2023 by Jake206th

[Jake206th]

On 3/1/2022 at 7:28 PM, Vync said:

The VA has since done away with this 48 hour window and once claims are done they are sent out immediately.

They had that new Claim Accuracy Request pilot program in 2021, which was basically an expedited HLR under the AMA. It was running until Aug 2021, so I am not sure if they still continue to offer it or not. But it was similar to the legacy error process but had a 30 day window from a decision.

https://www.benefits.va.gov/benefits/docs/claim-accuracy-request.pdf

 

 

I am not a lawyer, and nothing I have written is legal advice, it is just how things appear to me based on my limited understanding, and therefore may be incorrect.

Edited February 4, 2023 by Jake206th

[GBArmy]

Couldn't agree with Jake206th more.  Everyone trying to navigate the VA benefits system  is going to need some assistance at least sometime. But all advice is not the same, and it is bottom line, up to the veteran to educate themselves to be able to make the best choices.  Just doing the simple task of getting more than one opinion will tell you there is more to find out in order to make the right decision. The easiest way isn't always the best way.

[broncovet]

My first VSO was a county VSO, who represented DAV, VFW, and probably more.  Later, I found out county VSO's had the worst "win rate" at the BVA of any group.  I certainly understand "why".  When I finally get done, I will add up "how much money" an incompetent VSO cost me.  

As an example, the VSO "Knew" I was about to be homeless, had no income, but, "he did not" do an application for Pension.  I guess I was supposed to understand the differences between pension, compensation, primary, secondary, presumptives, and the differences between 38 CFR 3.156 A, 3.156 B, and CUE.  If I knew all those things, I would not need a VSO!

I really dont need a VSO "except" one that has VBMS access, and will let me look at it.  

"Most" of the Vets who hire attorneys do so "only after" their VSO failed to win them benefits.  

If you have enough knowledge to be a VSO yourself, AND you need VBMS access, then you may be able to get by with a VSO at the VARO, and BVA levels.  

However, "dont even think" of going to the CAVC without an attorney.  The reason is that, at the CAVC level, the attorney costs no more because eaja pays the attorney fees at the cavc.