Former Dav Employee

[CSM-H]

To all, great website, sorry it took me so long to get on...first time writer but hope to be active. I am Army retired and for a short period was a Disabled American Veterans (DAV) NSO....had to leave that job....we had issues [another story]. The quote below is from another thread here on the site, it speaks to my situation but doesn't asnswer the issue I have now.

Anyway I have been gone from DAV three years, I am trying to get my file released from the RO that has it to no avail. I have written three requests and have even asked a Senior level DAV Director for help...nothing....How do I get my file back to the right RO? I am a Maryland resident and my file is in Deleware. I have at least two issues for increase and a new claim that I cannot file because I get no response from this RO......And yes as always there is more to this story, but I'll save that for another time.

"Veterans working for the VA do NOT have their disability claims rated by the Regional Office in which they work. We employee veterans do not even have access to our VA files. They are stored at another VA office. And, I can personally attest that military veteran VA employees do not get preferential treatment for their claims. It is my experience and that of others in my office, that we go through the exact same process as other veterans. The difference is that we know what is required to get a claim decided more quickly. I'm glad to share with you and hope it helps."

[CSM-H]

If I'm not mistaken, claims folders of former VA employees and SO's remain locked for a certain period of time after they leave VA or their sevice organization. For some reason 3 or 5 years ring a bell; however, I'm not positive on that. I do remember running accross it in the CFR 38 a while back. I'll try to dig it up on the next couple of days if I have a chance and think about it.

Vike 17

Vike 17, Hey there if you could find something specific that would be great, what I found was in M-21 and it speaks to an amount of time to be determined by the Director, doesn't say which one....I have asked a "Director" at DAV and received no response....thanks, CSM-H

[Philip Rogers]

Berta, Jagrin and Pete53, hey thanks to all of you for excellant advice, A little more info, trying to saty calm here;

I brought some of this on myself as is usually the case, after working for DAV about a year a wrote through "intra-mail" directly to the Secretary of Veterans Affairs my displeasure with the way they were handling cases, including my own and went so far as to give suggestions. So now you know part of the rest of the story. Also yes, they have ALL the relevant material evidence to make a decision, basically after I wrote the Sec. the DRO in Deleware decided that my Original Claim "had not been timely filed" Even though there are two documents in my file that state to the contrary and they where in there prior to me writing.

My DAV Rep told me to my face right before my DRO meeting, "we'll see what writing the Sec. gets you"....Sorry no witness to this....and he (DAV rep) is now deceased. The DRO in question is recently retired. I understand the sqeaky wheel approach, but there are lots of gate keepers..I have not tried the VA website for a complaint....My claim has just reached the BVA (after 3 1/2 years) and my DAV rep there tells me a "decision could be made in as little 90-120 days, as your docket number is much older than those now being worked"....

So I have a concern with changing Reps at this stage, I am hopeing the 90-120 days is accurate and I will then further persue the moving of the file folder. The advantage to my moving the folder is, it is out of Delaware, way understaffed, and most all VA employees records are there from this area. My file still has VA employee stamped on it, at least in Maryland I can get out from under the VA employee stigma, hopefully. Anywya thanks for the advice I will definately try most of it shortly as there are a few new pieces I hadn't thought of before. CSM-H

I can vouch for the locked drawer thing. I've never worked for the VA, nor had relatives work for them, nor any service orgs, yet because I've been to the BVA and won and to CAVC and got a remand (or so it seems), I guess I'm labeled trouble. Anytime I call now to check on anything I'm referred to a supervisor. The VSCM denies any special conditions required to access my claim info/file. Even had to go thru a supervisor to change direct deposit account.

pr