01/31/09

After much talk, with many Vets, I have discovered two schools of thought regarding VSOs in general, and SOs(Service Officers) in particular. There does not seem to be any grey area in between on the subject of positive vs. negative experiences. I have found a total of 3 vets that were marginally appreciative of their SO’s efforts to assist them. I have not kept a running total on dissatisfied Vets, but the numbers are huge. I started a thread on this on our Delphi message board several months ago. I hate to say it but the consensus is that they are in cahoots with the VA proper. How else can they be so inept at filing our stuff, ignoring us after they have our POA, and losing a good percentage of our filings? They blame all these failings on the VA (lost filings) and try to console us.

I have had three encounters of the VSO kind now and all three were less than satisfactory. My first was with the DAV, who came highly recommended in 1989. They never left me out to dry. I will give them that. My rep. went with me to my  RO DRO Hearing in 91 and asked me questions and tried to sound like a doctor. All we succeeded in doing was have all the testimony declared useless as it was “lay” testimony, rather than a statement from a doctor. I did get the 0% popsicle stick for both my left ear and tinnitus. No one ever suggested I file an NOD and attempt to get a higher(read compensable) rating. My  claim was  appealed but I lost the most important one-my back.
My second encounter was with AMVETS in 1994. They did everything but change their phone number after I signed on the POA dotted line. After I was denied, I gave them my Form 1-9 to file the appeal along with an initial rebuttal. To this day, no one knows where that Form 9 was sent-or if it really was. VA insists they never received it. Strangely, I believe them. My SO decided to become a Used Car Salesman shortly after I gave him the F-9. Its possible he wrote his resume on the back of it. Result- no appeal. Needless to say, I didn’t win on the Hepatitis, the PCT, or the reopen of the Tinnitus. Too bad. I really thought I had a better than even chance. I did have hep in service and I was hosed with Agent Orange and Blue. Keep in mind, the SO neglected to point out that in order to win, I needed the 3 Caluza/Hickson elements. Seems pretty simple. Make a note on the desk-Remember to tell Vets to get a nexus! I guess it was above his pay grade.

Again, in 2006. Like a trooper, I marched down to the Military Order of the Purple Heart, with many assurances that they were the golden boys. Again, no mention of the Caluza requirements. I found out about nexus requirements on HCVETS, and brought up the subject with the SO. His reply was that EVERYONE knows about the nexus requirement! I gave them everything to file and soon I discovered that med recs and 4138s were not in my file and they had no recollection of my having handed them in. To remedy this defect, I started filing the stuff with the Head office in Seattle. That didn’t help. They lost my nexus and never filed it. Finally, I started sending the stuff directly to the VA. And wonder of wonders, they started receiving it! At that point I was informed that if I continued doing this, I would lose my MOPH representation. I decided to take them up on their offer. They had just refused to file my NOD on the Tinnitus effective date anyway. They had decided it was “frivolous”. Boy, did I feel pregnant and alone! But guess what? Within the next 9 months I finally succeeded on both of my claims. I had been told I would never win on either one, so this really came as a surprise.

Your SO should be your confidant. He should be knowledgeable in what he is doing. He should be accessible for consultations. After all, he’s getting paid by Uncle Sam to do this. Yes, you read that right. They (the VSO) get paid for every POA they collect. You may notice the ability to reach your SO is inversely proportional to the square of the length of time he has had your POA. Surprised? Don’t be. You are not unique. I’m sorry to be the one to break this to you.

So, after all this discussion, we are wondering who is the best of the best? Who is there when you need them? Who has been successful dealing with Uncle Victor? Guess what. The Vet Jury is in. The winner appears to be the Vietnam Veterans of America, hands down. They do appear to have an extraordinary record up at the BVA level compared to the other big guys. I haven’t analyzed the results from the CAVC, so I’ll hold my opinion on that venue. Perhaps it all depends on the individual, the specific circumstances, the SO, the location in the US, or just blind luck. Who knows? Of course, the best money is still on the real McCoy-John Q. Vetlawyer.

If you have had an adjudication with the VA, an appeal sent up to the BVA, or had the pleasure of an appearance before one(or a panel) of our esteemed CAVC judges, we would be interested in who represented you, an honest assessment of their help, and whether it was instrumental in your success/failure to win. By the same token, we would be interested in how many Vets have attempted to do this Pro Se( by themselves) and their results. If you used a private attorney, we would be interested in how that turned out,as well.

The information will help all of us here to make choices on whether to seek help and from which VSO to seek it. Your input may help another Vet to win in your part of the country.We at Ask Nod try to give you the tools to accomplish this yourself. However, not all Vets are capable of tackling this task on their own. It can be very difficult, time consuming, and often results in frustration and severe depression. HCV, in its own right, is depressing, but this can be even more so. Please help us help you with your comments and input. We at ASK NOD would be very appreciative. I think it goes without saying that Vets would value another Vet’s opinion. Thank you and God Bless you for your Service to America.(Yeah. Kind of corny, I know, but we still believe in God). And we’re politically incorrect, too, so we apologize in advance.