We don’t have a frivolous VSO forum to post this one in. I was half tempted to put it in Member’s Q&As but it didn’t seem to fit there. One of our members attempting to beard the VA goat shared this with me yesterday. Either fellow Vets will break out in gales of laughter, shed some tears or simply point and say “I know that Service officer!”
I promised not to divulge the name of this fellow nor the name of the Veterans Service Organization. This happened in Oklahoma but it could have been anywhere. Ignorance knows no geographical boundaries.
Veteran gets sick. Vet goes to doctor and discovers what thousands before him have had the misfortune to be told. I certainly don’t need to belabor the point. After the shock and denial wear off, the gentleman decides to seek redress from the party responsible. As our government has vested that duty in the VA, he knocked on their door. Before doing so, he made the pilgrimage to an organization that offers to do these things for free. That would be one of the 46 VSOs entrusted with this sacred mission. Shortly after going over the groundwork for the claim and filing, the Vet had occasion to return for more advice. He had visited our site and discovered to his horror that he had only one of the three prerequisites for filing- the disease. Lacking both a nexus and any manifestations of Hepatitis in service, he queried his assigned Service officer on how they should approach this. And this, fellow Vets, was where it began to get frivolous.
Mr. SO began by explaining that HCVets is not a registered VSO and that we know absolutely nothing about the legal process. He continued to tell our fellow Vet that what we are doing here is illegal and that we can all go to jail for it. He then explained that our Vet was never going to be service connected for Hep. because there was no way to prove he contracted it in service. His rationale was impeccable. If you didn’t have it in the medrecs in service, then you weren’t going to get SC. Period. Mr. Vet pointed out that there was no way it could be in the medrecs in 1966 because they hadn’t isolated and identified it yet. Mr. Know it all immediately pounced on this as the smoking gun. “Exactly, buddy. And that’s why you’re never gonna win.“ Isn’t it amazing how circular logic fits into trashcans so well?
Our Veteran attempted to discuss other facets of his claim but was met with the same defeatist attitude and HCVet’s lack of legitimacy. The SO said he had filed this claim even though he knew it was a “waste of time”. His feelings notwithstanding, he felt it was his duty to clear the air and set the record straight. As for that pesky nexus requirement enunciated in Caluza and Hickson? “A valid claim doesn’t need one, son.”
I guess we’re supposed to just assume 38 CFR §3.303(b) will cover any contingency in that regard. This service officer is really no different from state to state or fellow organizations. I will say that Vietnam Veterans of America (VVA)seems to be more supportive, knowledgeable and caring. It does not make them immune to hiring chuckleheads such as I have illustrated above though. They are legion. They are usually impressed with themselves and their pseudo-knowledge of the inner workings of the VA. They will take up hours of your time explaining why you need them. In short, they need you to stay employed. They are a legend in their own mind and a rumor in their own room.
We are not a VSO. We do not put ourselves forward as one. We offer sage, well tested advice on a narrow range of VA subjects. We do not profess to be error free. We are, for all intents and purposes, a Do it Yourself outfit. If we wanted to get rich off you Vets, we’d form a 501(c)(3) Non Profit Corporation and make a killing doing this by selling advice. Because you people are not rich, lack Adonis DNA and do not have tiger blood running through your veins, we offer all this free. We belong to the Pay it Forward Club. Most of us have walked the walk already. One thing you will not hear here is “Wow. I never saw them do THAT before.”
Our Veteran friend decided, as of several days ago, to seek a new legal strategy. He has opted to go it alone and retrieve advice as he progresses from us. He said the SO had made the decision for him. He feels he can win this and that his claim has merit. Having a SO with such a cavalier negative attitude doesn’t fit in with his legal strategy. We offer no guarantees on winning, but we sure guarantee he will be the most knowledgeable self-represented Vet on the ins and outs of Hepatitis C and the regulations pertaining to it. More than that, we cannot promise. I suspect it is more substantial than he would receive at the (name withheld due to low ratings). Of course, there is no substitute for a good lawyer.
As Charlie is fond of saying: “It’s lonely at the top, but the view is great”. He’s serious. I’m joking. We’re a far cry from the top, and know it.
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 
AFGE Local 17
Fighting for Justice
here at VA Central Office
June 26, 2012
The Honorable Eric K. Shinseki
Secretary of Veterans Affairs
810 Vermont Ave. NW
Washington, DC 20420
Dear Mr. Secretary:
The Chairman’s front office staff at the Board of Veterans’ Appeals (the Board) is responsible for unnecessarily delaying appeals filed by Veterans and their families. Employees at the Board, many of whom are Veterans, are troubled by these delays and have urged me to notify your office of this matter in the hope that you can rectify this ongoing problem. I am therefore bringing this matter to your attention. This letter is also being faxed to U.S. Senators Murray and Burr, and to Representatives Miller and Filner, the chairs and ranking members, respectively, of the Senate and House Veterans’ Affairs Committees.
The Board’s mission is to adjudicate Veterans’ claims for disability benefits expeditiously. Attorneys are under immense pressure to review cases and write decisions as quickly as possible. In an effort ostensibly to achieve its goals, the Board recently issued a new policy that cases must not be held by judges or attorneys for more than 30 days, and that failure to adhere may result in disciplinary action, negative performance appraisal, or removal. AFGE Local 17 fully supports resolving appeals in a timely manner and is sensitive to the fact that Veterans anxiously await decisions that may significantly impact their lives. Because of this, we find it incumbent upon us to bring to your attention the fact that members of the Chairman’s front office not only violate this 30-day policy but are the worst offenders, sometimes even holding cases for over a year. Many cases have tentative decisions already prepared and are merely waiting to be signed by a front office staff member in their capacity as a Veterans Law Judge (VLJ) or Acting VLJ. However, instead of being timely signed and dispatched, these cases sit on shelves collecting dust while Veterans wait for resolution.
I have attached a redacted list dated May 10, 2012, which provides a snapshot illustrating some of these unconscionable delays. As the list reflects, Principal Deputy Vice Chairman Laura Eskenazi held five cases well in excess of 100 days (227 days, 198 days, 177 days, 156 days, and 120 days). Also, Chief Counsel for Operations Donnie Hachey is one of the worst offenders, holding one case for over a year, for 415 days, and other cases for 357 days, 349 days, 233 days, 224 days, etc. Other offenders in the Chairman’s front office include Counsel Marti Hyland (399 days, 399 days, 210 days, 210 days, etc.) and Executive Assistant Bethany Buck (360 days, 343 days, 302 days, 237 days, etc.). Notably, none of these individuals is a Veteran. In addition, the Chairman’s relatively small staff has had more cases beyond the 30-day deadline than the over 350 attorneys and judges on the four decision teams combined. The number and extent of these delays by the Chairman’s office is disrespectful to the men and women who have honorably served our country.
What is more troubling, we’ve learned, is that when the Chairman’s front office became aware that our union local might have obtained data implicating its own personnel, the Chairman’s staff was directed to remove old cases from their dockets by assigning them to other attorneys and judges. The Chairman’s front office, it appears from what we have gathered, attempted to hide the information in order to escape further scrutiny and responsibility, rather than adjudicating these old cases so they could be dispatched immediately.
Employees at the Board demand to know why members of the Chairman’s front office are allowed to disrespect our nation’s Veterans by needlessly delaying appeals. It is apparent that the Chairman’s front office staff is unfortunately incapable of adhering to the Board’s mission statement of resolving appeals in a timely matter. The consequence is that benefits for disabled Veterans are being needlessly delayed. On behalf of Veterans, employees request that you intervene in this matter to ensure that these old cases are adjudicated as soon as possible and that members of the Chairman’s office are not allowed to play by a different set of rules.
Sincerely,
Bill Preston
President
AFGE Local 17