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Has anyone ever had bad luck using DAV?

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Remisdad

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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. 

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DAV are paid to turn down claims as so are The VA SO. VFW are better at turning in claims that get approved. Most people are turned down the first and second time regardless. They want you to prove you deserve the pay and medical you may get. Just like with any Disability insurance claims.

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  • HadIt.com Elder

I think that goes for all VSO''s.  My biggest disappointment with the DVA was my 1990 BVA hearing.  The attorney for the DVA did not know about the hearing until the morning of the hearing and did not get a copy of the file until then.  He did not submit a brief within the 90 days that would have had the TDIU claim that I did not get adjudicated until after my 2017 BVA hearing and decision.  The BVA Judge found it in her de novo review without me or my rep, a private attorney, bringing it up.  

Getting a good BVA Judge is less than 50/50.  The dice come up craps a lot more here.  And I had a nine-member panel at my hearing in 1990.  That was 9 for 9 craps.  I submitted a claim to re-open the BVA 1990 appeal after my temporal lobe seizures were confirmed in September in October of 1990.  Again, the DAV dropped the ball.

Definitely, BVA Judge Marjorie A Auer is a Judge you want to see on the screen at your BVA hearing.

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Every VSO has good and bad service officers. I've been with DAV since 2012 and I've worked with good ones and bad ones. Believe me, working with and trying to make the bad ones understand what they are doing wrong is and can be difficult. DAV Chapter Service Officers (CSOs) are volunteer members of DAV. They don't have access to the veterans VA file and have to contact their NSO office, DAV's National Service Officers; these are paid DAV employees that have the computer access to the veterans files. 

If you don't like the CSO you are working with or you think they have not provided you with good service, go to another chapter or talk with another CSO within the same chapter. Good Luck 

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I've had several VSO that I got nowhere with through the years. I had one who I considered effective because he encouraged me to file a mental health claim. I mentioned the same claim to a DAV VSO a few years prior and he told me I didn't have a case. The encouraging guy was VVA and he filed the initial claim. Later he thought it was too complicated and recommended an attorney. I won the claim after 40 years of half-assed trying. Got turned down and went with the NOD but didn't file the form 9, so it just lay dormant until I re-filed in 2015. When I first got the award I thought the attorney was unnecessary expense, but 4 years later I'm really glad I have him. Now waiting on higher rating and EED.

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  • HadIt.com Elder

I consider my first DVA the best.  He made me record "residuals of" for all of the items he could find in my medical file which was reasonably short.  Especially for hospitalizations, everything does not make it into the hospital summary.

Example, the Army recorded hospitalizations summaries of only the rehabilitation in the medical record.  For those who went to rehab, it is necessary to get the IPTR (inpatient treatment records) from archives, especially those whose records were damaged in the fire.  The IPTR were housed in a different building and are in good shape.  My Navy OPTR (outpatient treatment record) went to the VA before the fire, so they are fine.  My problem is the VA lost my OPTR in 1987 or 1988 so the record had to be rebuilt from a copy of a copy made in 1985.  So two years of progress notes are missing and only those made in a new file after the loss are available.

Before you write your congressman about mistreatment, get a copy of you VA OPTR file.  Probably not a problem now since they are on a centralized computer, but I would download them anyway.  Especially, you need to download the report you are complaining about. 

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