So on Facebook the other day in a Veterans claims related group that I’m in, a Veteran posted the following:

Veteran: Hello all! Called the VA to ask some questions today but wanted a second opinion from the group.

So I got denied for PTSD Sept 2022, fast forward to June 23 after getting in contact with a lawfirm I submitted a whole packet too the VA, After not hearing any feedback I called around October and was informed the packet was the wrong type? And it needed to be redone. Lawfirm sends new packet and I submit around first week of Nov. Have a CnP after Thanksgiving. Today when I called I was told that due to having my intent to file deadline being Sept 2023 I couldn’t have multiple intents to file and that if I was rewarded any backpay it would only backdate to Nov 23 and not July 23 or Sept 22 but one would think that making an attempt to file should be honored as an intent too file or am I wrong? Should the law firm be at fault for sending me the wrong forms in the first place? And yes I’m paying for there service. Quite handsomely I might add.

So lets analyze just what he said here. He got a denial in September 2022, that starts his one year clock for appealing the denial (via a supplemental claim, higher level review, or appeal to BVA). Then he says “AFTER getting in contact with a LAW FIRM” “I SUBMITTED A WHOLE PACKET”. And apparently the “wrong form” was recieved by VA, and his deadline to continue the appeal passed before the “LAWFIRM SENDS A NEW PACKET” which the Veteran says “I SUBMIT”. Assuming he gets granted though, his effective date will be when he resubmitted the forms, because he missed his one year window to continuously prosecute. (Claim was June 2022, denial September 2022, wrong formsubmitted June 2023, correct form submitted November 2023.

So at first, due to the nature of the work that I’m in, I just flat out assume that the VA is incompetent. I routinely get “wrong form” rejections on the Supp Claims and HLRs I file, and I have to cloud up and rain on the VA Regional Office Director to get it fixed.

Me:Sometimes the VA says the wrong form is used when it’s not. You might want to ask the law firm why Form X was used when Form Y was necessary, or if that’s even the case. If the law firm made a mistake, and it costs you retro for their mistake, ask them to reduce or waive their fees to make it up to you.

I’ve been doing this a long time, and despite being pretty good at it, I have screwed up before (can count one one hand with fingers left over) and it cost my client. I waived my fees on those cases once it was over. I hope your attorney will do the same if it really was their mistake and not the VA being wrong about their own procedures which happens ALL THE TIME.

And then I started thinking about, “hey, how did a an accredited Veterans Attorney make this type of mistake, if one was made? They would have been sure to submit the right documents, or respond to a wrong-form kickback letter, just like I do, right? Wait a sec… the law firm didn’t submit anything, the VETERAN did?!?! Whiskey Tango Foxtrot?!?!

Me: Wait… what do you mean “law firm sends a new packet and YOU submit”?!?!?! It’s your lawyers job to submit things for you! If they represented you then the June 2023 submission should have caused VA to send them a “wrong form” letter on your behalf, cluing them in about a problem!

Veteran: they said they was a silent partner

Me: Anonymous member They’re claim sharks then. I bet they aren’t even a law firm. Please tell us who they are.

Veteran: Vet Guardian

Me: One of the sharkiest of the sharks.

Veteran: so is my claim basically doomed or is there hope?

Me: well your effective date is probably screwed. you need to change any passwords for your e-benefits and other logins. Did you give any of that information to them? you also need to call the VA number and set a pin so that they will not give any information out over the phone to anybody who does not know that pin. that will stop them from knowing when you get your money, because they will start hounding you for it. with regard to your claims, that’s based on what the evidence shows… if you got the increase, great.

 this is an anonymous forum, would you mind if I take screenshots and use this in a presentation so that people can see what happens when they use these claim sharks?

Veteran: Yes absolutely you can use it. And thank you very much for the response. The Va asked me yesterday if I wanted to set up a pin and I declined. Guess I will be calling back Monday.

So there you go. These cats were (and no doubt still plan to) charge this guy five times his increase when it finally gets granted (which is more than the 20/30 percent of past due benefits because there ARE NO PAST DUE benefits for a new claim, only appeals! I”m accreddited and I’m not legally allowed to charge for a mere new claim or claim for increase. (Actually, yeah, if it’s a supp claim with new evidence but outside the appeal window I still technically can charge a fee because of MVA v. VA but there ain’t exactly a lot of retro in a four month long case and 20 percent of “not much” is “even less” which is WHY THESE JACKWAGONS CHARGE ILLEGAL EXHORBITANT FEES. I was watching one of these crooks testify before congress and the head honcho at Veterans Guardian said that “it would break our business model” (paraphrased) because they want to be able to charge for initial claims.

Video proof: https://www.youtube.com/live/zR_8byEaKUg?si=Yr7Z_4Ud1yonqUs_&t=7118

And they probably are not a law firm, because no rational attorney will risk their accreditation or law license this way. I doubt seriously whatever contract was signed here was signed by an attorney. But I’m sure that Veterans Guardian employs at least one attorney, so maybe I can identify them and grieve them to their state Bar for aiding a literal illegal enterprise. I need to follow up with the Veteran this happened to and see if they will share a copy of whatever agreements or declarations that the company made.

Ugh. So. Bottom line, if this guy had gone to either a VSO or to an accredited attorney, they probably would not have screwed up the paperwork in the first place, and even if they did, the VA would have reached out to THEM giving them a chance to cure the problem while the guy was still in his one year appeal window. They would also have access to the VA’s VBMS system so they can see what’s going on with a claim/appeal.

Don’t make the same mistake this guy did. Use someone that’s accredited.

Questions comments put ’em below.:)

P.S. This postscript is added to clarify certain things. Mr. Hood is a guest author and, as such, is permitted to vocalize his thoughts on any subject under the sun. He can expound here or at the NY Times if they let him. Asknod Inc., asknod.com/asknod.org do not necessarily share the same philosophy. As we do not charge anyone to access the site, nor do we accept advertising here, the site is merely a soapbox for Veterans to voice their concerns-be they attorneys, Veterans or illegal immigrants. Mr. Hood certainly expresses thoughts that many in the Veterans’ venue of affairs feel concerns them. Any opinions expressed on the subject of Claims Sharks, or any named legal entities/ companies who do not adhere to DVA regulations/Congressional Statutes are merely opinions of the individual. Asknod does not advocate for or against the parties involved. We just report. You decide.