I remember that phrase at the Chinese dry cleaners my mother went to. And when a Veteran, with a nationally recognized Veterans Service Organization as illustrious as the American Legion representing him is told that on Appeal, what is he to do? Think about it. A Vet chooses a VSO for their knowledge    and because they cannot afford to take that 20% hit from the Lawyer (or prefer not to). They are settling for a not ready for prime time, notquitelegalzoom.com. outcome usually. Which is not to say the law doggie isn’t going to do a face plant in front of the judge. No siree. I’m simply quoting the percentages here. Please don’t shoot the messenger.

Which leads to this egregious example  from ROLA we see all too frequently:

Citation Nr: 1019406  Decision Date: 05/26/10

06/09/10  DOCKET NO.  06-21 138  )

On appeal from the Department of Veterans Affairs Regional Office in Los  Angeles, California

THE ISSUES

1.  Entitlement to service connection for Hepatitis C.

2.  Entitlement to service connection for a skin disorder, including porphyria cutanea tarda (PCT).

REPRESENTATION  Appellant represented by:   The American Legion

(excerpt)

In a written brief, which is also referred to as an Informal  Hearing Presentation (IHP) dated in May 2010, the Veteran’s  representative also listed the issue of increased rating for  right ear hearing loss as being on appeal; however, the Board  finds that the Veteran never perfected an appeal of the issue  of increased rating for right ear hearing loss.

…the Board is not herein dismissing an appeal based on the substantive appeal being inadequate or untimely; rather, the Board is finding that a substantive appeal on the issue of initial rating for right ear hearing loss disability was never submitted, and that the Veteran clearly intended to limit his appeal to the two issues that he listed, which are the issues listed above on the title page.

Ruh-oh, Rorge. The smart money here says the SO was in the driver’s seat. If fact, we’re willing to bet he even filled out the Form 9 Substantive Appeal for the Vet and had him sign it. After eliminating the invisible ink theory, we are left with the opinion that it wasn’t on the form as being appealed. Five years of work down the drain and with it went the effective date from the filing in 2004. I’m sorry? Oops? Hmm, I sure never made that mistake before. I don’t think those phrases adequately convey that poor Vet’s sentiments when he read this decision.

Adding these things in as you go isn’t permitted. The SO knows this, or…maybe he doesn’t. This is one of those times I get to use the “Who do you want answering that call at 3 AM in the morning?”. A Veteran is a unique claimant. He has offered his services and quite possibly his life for his country for a  period of time. When the time comes for remunerations for a service-connected injury, he rightfully places his trust in one of the 46 nationally registered VSOs approved by the Veterans Administration to represent him…

Again, we say Ruh-oh, Rorge! Doesn’t this begin to sound strange. You can only be represented by VSOs for free unless you want to cough up some baksheesh for the legal beagles. By extension, you cannot be represented by anyone but a VSO (or yourself) until you get the denial. We know VA doesn’t train them. Lord, that’s patently evident on its face. What, then, to make of  a third grade mistake like forgetting to write down a claim on the form? Collusion comes to mind, but I’m simply not a conspiracy freak. Sorry. No holes in the Poles. No secret alien bases in Wyoming. Just a poor SO who wasn’t up to this demanding task. Defending a Vet should be a sacred responsibility. If you aren’t knowledgeable, you should defer to someone who is. This machine gun spray and pray technique of legal representation should never happen yet it does every day-usually with dire consequences to the one who least expects it.

In conclusion, all we suggest is that you get a second opinion that what you are doing is feasible (and winnable so as not to needlessly clog the court calendar). Confirm as well that what you are claiming is what you have. Don’t try to diagnose yourself and refrain from allowing the SO to do so. He’s not a lawyer so it stands to reason he’s probably not an M.D. either. Find a Veterans legal forum and confirm with them independently that what your SO proposes is correct. Always obey the time constraints. SOs are notorious for filing late which is synonymous with not filing at all or forgetting to appeal all of the claim.

And if your SO is a Veteran, please thank him for his service to our great country. Attaboys for SOs seem to be in short supply these days and they need a few, apparently

http://www.va.gov/vetapp10/Files2/1019406.txt

Amen.