Military Veterans' Lawyer Blog
Recently, several of my clients informed me that a VA employee called them directly. The VA personnel made it sound that if the veteran did not answer the questions that the VA person wanted to ask, then this same VA person “was going to close the veteran’s claim.”
You hired an attorney to provide you with legal advice and guidance – – use the attorney and the Law Firm. https://www.attorneyforveterans.com
Tell the VA employee you have an attorney, and provide your attorney’s phone number to the VA employee. Tell the VA employee to contact your attorney.
If this were a civil litigation case, the opposing side could be held in contempt and sanctions placed against them. This issue of VA employees calling a represented veteran directly has been brought forth to the U.S. Court of Appeals for Veterans Claims.
Essentially, the VA is trying to get you to agree to something that will help the VA. Your answer may or may not help you.
Having your attorney know what is asked and providing the correct answer is best. https://www.attorneyforveterans.com
The VA office of General Counsel (OGC) published a letter to all the regional offices stating that it was okay to talk directly to a veteran. Attorneys who represent veterans does not agree. However, in the argument put forth to the court by the VA OGC, the VA implied they were referring to written contact and the VA was really looking out for the veteran.
As a disabled veteran myself, veterans do not hire an attorney if they feel the VA is their advocate. Veterans hire attorneys when the veteran feels he has been mistreated.
All of my veterans contacted directly by a VA employee felt threatened and the veterans who answered called me after the fact to state they think they made a mistake.
These were not uneducated veterans. One is a Police Officer who was asked if he was claiming a scar on his knee? He stated he did not know, as he was not sure what the VA was asking.
We were in fact claiming the scar the veteran received when the grenade fragment tore his knee open. The VA employee denied the claim, as the “veteran withdrew the claim.”
My opinion is the VA is trying to avoid dealing with the law firm. Even though it may be a simple question, it is best, you have the legal protection from the law firm.
If you have a VA disability issue on appeal and your original Notice of Disagreement was filed after June 20, 2007, please call The Law Office of Robert B. Goss, P.C. https://www.attorneyforveterans.com/