VSO vs. VA-Accredited Attorney — Which One Do You Need?

Leah Bucholz Hey, guys. It's Leah b here from Prestige Veteran Medical Consulting. I'm a US army veteran, physician assistant, and former CMP examiner. So I have an outstanding veteran service officer here today, Ray Hererra, who's been with us before from Wilson County here in Texas, not not too far from where I live. So for those of you guys out there that don't know Ray, Ray, would you mind kinda telling them a little bit about yourself?

Ray Hererra Yes. So my name is Ray Hererra. I'm the Wilson County veteran service officer, Wilson County, Texas. And let's see. I started working with veterans.

As soon as I got out of service, started with at the university and on the education side, rolled in with the small business for veterans and then, as a veteran service officer. So I've been working with veterans since 2013, a veteran service officer since 2019. Mhmm. And I've been work I worked at at three different county offices as as a veteran service officer.

Leah Bucholz Okay. So for those for those of you guys out there that don't know Ray, like I said, you might wanna check out some of our earlier videos. We did a really great one on just kinda what VSOs are, you know, what they do and things like that. But for today's topic, we're gonna kinda discuss VSOs, the differences between VSOs and accredited, accredited VA attorneys. Right?

So so for those of the the folks out there that don't know, right, can you explain what the actual difference is between a VSO and an attorney?

Ray Hererra Both are accredited, but if we're talking about differences, there there's some restrictions and and things that apply for it when working with an attorney as to a veteran service officer. Obviously, most attorneys are gonna, have a fee, and a veteran service officer should not be charging for their service.

Leah Bucholz Sure.

Ray Hererra Yes.

Leah Bucholz So do you feel like one is better than the other in some circumstances, or, you know, what are what are your thoughts on that? I know that's a loaded question. But

Ray Hererra I think it just depends on the representative themselves. Mhmm. I think that a person should really look into and and and find the background of that representative, whether it be a lawyer or a BSO? Do they have the experience in the capacity that that constituent is is inquiring about? Mhmm.

You know? Or or what level of experience is needed for that specific case? That that's what I think it's key when trying to decide whether using the lawyer's office or a DSO, as well as what can be affordable for that person.

Leah Bucholz Yeah. And I know a lot of times, a lot of law offices don't do first time filings. Right? So it's not that they can't. They just aren't supposed to be billing for them.

So a lot of them you know, not that they never do, first time filings for their veterans, but a lot of times, that's kind of more of a role for VSOs. Right?

Ray Hererra Yes. Most definitely.

Leah Bucholz Right. So, okay, so, Ray, I have another question. So should should every veteran consider hiring an attorney?

Ray Hererra I think the veteran should consider what type of service do they really need. Is there a time constraint? You know, is this something they wanna move fast? Because even some lawyer offices might not be, you know, it may not be the submission process. It's the VA's process that still has to go through its course.

You know? So should a veteran consider a lawyer office? I think so. Yes. Lawyer off lawyer offices are are are more attuned to dissecting, referencing law. Right? So it it it's really important when you're looking at appeals, the 38 CFR, the m 21, how these things apply is is really important. Not to say that VSOs are not versed in that in that realm, but lawyer offices predominantly deal with that type of, work. So that's when I would consider a a lawyer office when you feel a a representative of whatever organization might not be have that experience, and and you're able to get that from an attorney's office.

Leah Bucholz So I know we've talked about this on previous videos as well, but just for the sake of this one, can you explain what, the process is or what your thoughts are on veterans switching representatives if they're unhappy?

Ray Hererra I've I ran into some cases like that, Leah. I always tell them, you gotta make sure that if you are working with an accredited representative or or you have anything pending filed, you wanna wait until that has cleared up. Once that has cleared up, then go to another representative. Doesn't mean you can't talk to somebody, but wait until those things have been adjudicated. That way you can have a a clean slate and move on with that next representative if if you choose so.

Leah Bucholz Sure. That makes a lot of sense. Or, you know, at a minimum, like you've said before, like, there needs to be communication. Right? Like, everybody, like, needs to be on the same page so that, you know, if it's, a dire situation, they have to abort from whatever relationship they're in.

They're very transparent with the new incoming person so that it's not, like, getting things mixed and crazy. And yeah. So and that leads me to my next question. Can a BSO and attorney work together on the same claim ever? Does that happen?

Ray Hererra I've seen well, I've I've I've gotten calls from attorneys where they want me to kinda help interpret a letter and stuff like that. But as far as I mean, I wouldn't be against working with a lawyer trying to understand, or maybe they're my previous client and maybe they just had some questions and stuff like that. I mean, it's it's a a professional courtesy or anything like that with no expectation of getting any payment as a VSOs because we we don't we don't take any payments or anything like that. But if this is in benefit of the veteran and it's just something I need to clear up, that's definitely something I would I would encourage VSOs. But as far as to go where, you know, a veteran service officer preps and does all the work and just gives it to the veteran to submit through attorney, I I would definitely not encourage that piece.

Leah Bucholz Yeah. Yeah. I agree. And and I'm sure too, like, sometimes you collaborate with attorneys or other DSOs do where if, like, you're stumped on something, you know, just, like, as a professional courtesy. Like you said, you have that, like, that helpline where you can just call and be like, hey.

What do you think about this or whatever?

Ray Hererra I I do have some of those attorneys in my tool bag. Because even myself having the experience as a VSO and being able to represent veterans at the Veterans Law Judge level, No. Those are things that I I need to clear up. And I know there's some agencies, some law office agencies, and organizations that do provide, like, pro bono and stuff like that. But I do have a few lawyers that I know that deal with veteran services and, sometimes an outside, look or expertise is needed.

Yeah. I think

Leah Bucholz Yeah. And I think that that goes across all fields. Right? Like, even me as a medical professional, sometimes I don't know at all. So I'll be like, hey.

You know, even my husband, he's a he's does the same thing I do. He's a PA. So I might be like, hey, Alan. What do think about this? And we'll just talk about the case or if it's a medical issue, like, in clinic even. It's like sometimes you bounce ideas. Right?

Ray Hererra VA law is constantly changing. Right? So we need to change with it. Things that might have been the way they were before, and now they're different. And if we're not constantly keeping ourselves accountable and willing to evolve with that, you know, it'll show in your work.

Leah Bucholz Most definitely. Most definitely. So do you, feel like do do attorneys guarantee a better outcome than a VSO? I know it's kind of a silly question because we've explained we've kinda gone back and forth on it, but, and it's probably not black and white. But but do you think overall a VSO versus an attorney can one can have a better outcome?

Ray Hererra I think it comes down to experience. You know, what that VSO, what that I mean, just because they're attorney I know attorney offices that just got accredited through a through the VA. You know? They just got that accreditation, and they're just starting their veterans appeals programs as to maybe a BSO who has the ample amount of experience. And and there maybe at that point, that BSO would be best.

But so I I think you gotta look at the background. Look look at

Leah Bucholz who they

Ray Hererra bring to the table and their experience, and I think that will give them a better understanding of who would be the best choice, based off of the veteran scenario.

Leah Bucholz Yeah. I I'm with you on that because, like like you said, you know, you're a Navy veteran. You've been doing this a while versus somebody who just graduated law school that doesn't, you know, know that you know, know rank structure or know, like, know anything about, like, VA personnel records or anything like that or not VA, military personnel records. And, you know, for me being a PA, sometimes I get that question too. Like, oh, shouldn't I use my cardiologist, or shouldn't I use a cardiologist for this particular issue?

Well, you know, it's always your choice to do whatever it is you wanna do, but, you know, the level of education doesn't necessarily mean that the scope and training and research ability is the same because, you know, you went to college for this or that. Right? So you're both accredited. Right? Your VSOs and attorneys are all accredited.

So, you know, at a baseline, you should have some basic understanding of the same tenants. Right? And then then it's just like the individual, like you said. Right?

Ray Hererra Good good point, Leah, and I completely agree with with that. And then what's that saying that goes, you know, if you don't use it, you lose it. So Mhmm. The person and and I think in anything in now in life as as a whole is when you're concentrating on something consistently, you're bound to get better at it. So the person who's been at it for a while, right, might be a little bit more better at a certain thing than the person who just got on board with that type of whatever learning.

Leah Bucholz what kind of questions are the are the most important ones that veterans should ask before they're choosing a representative?

Ray Hererra Well, things tied to to the experience of that representative, whether it be attorney or or a veteran service officer, a lot of people like to pinpoint, like, you know, what what is your, your Your success rate? Your success rate. And I I do think that has a lot to do with it, but at the same time, you know, VA is is is VA's process no matter what. And some veterans will choose to file claims just the way they wanna file them, and and both attorneys and VSOs will follow suit because that is that is how the VSO want or the rep the constituent wants the things filed. Right?

Although adverse, the consultation of the attorney or the VSO. So lots of times, those are also important factors as to, the success rate. But the background, you know, what is what is their main specialty? What are you know, what they see consistently? I think, what are other opportunities of service connection that might not be known to Mhmm.

To that constituent revolving the specific condition they're filing for. You know? Because a lot of veterans don't understand what you can file for and what things that might be intertwined. So that's why having your your records provided to to VSOs and representatives so we can understand, one, what is your what are the issues you have, and how can these applied be applied to the VA process?

Leah Bucholz Well, I'm sure communication is key too. Right? So, like, some veteran, they might wanna know, like, what your communication style is. Like, are they maybe it's somebody that wants to call you 700 times a week. Right?

Ray Hererra Very good one. Yes.

Leah Bucholz You you know? Like, just setting that up front. Like, this is expectation of, like, how I'm gonna you're gonna help them. Because maybe they are, like, somebody who's like, yeah. Call me in six months when you find out what's going on, and you're like, okay.

Fine. Make need more hand holding.

Ray Hererra Yes. I I do try to make it, with my procedures and my workload and and the things how I do things. I I make that very well known of the expectation of communication and and when when we have to communicate, just because I feel like it has to be more tactically. And it's unlike a a lawyer's office, you know, there's some channels that have to be vetted before you get there every time. You know?

And some PSO offices are very similar in a sense. You know? I think, some constituents think that you're gonna go to an office, and you're gonna be able to talk to that PSO when you walk in and Right. How long you want. And they gotta understand just like attorney offices, just like, you know, I would say, like, a medical office, there's there's some procedures in place, and that looks different for every office.

Leah Bucholz Right. Right. For sure. So what is your biggest piece of advice, on this topic about, you know, v VSOs and attorneys if you had to recap everything, kinda your one takeaway?

Ray Hererra I think both are are are can both benefit a veteran or a constituent, a family member, whatever the case may be. And you just wanna look at what is your situation? What is your expectation first? And I think, like you said, communication communicating that to whoever you're talking to, can they fulfill that need, first of all? Right?

And if they can fulfill that need based off of that representative's, background and their experience, well, then that sounds like it would it'd be a good relationship to build on. And if not, finding a representative, whether it be Attorney or VA SO, that can provide that expected, service.

Leah Bucholz For sure. So well, Ray, thanks as always for spending the time with us today. So, you know, for me, the takeaway is that, you know, there's like you said, there's not a universal choice. Right? There's not a universal right choice.

It's, asking those right questions, you know, and feeling confident in in your decision and in who you're gonna work with. And, you know, thank you for the guidance that you've provided here today and the insight. And for our listeners out there, if you have any questions or comments, please drop them in the comments here, we'll try to answer them. And I'm sure we'll see Ray back here again soon. And, Ray, do you have any last words for our friends out there?

Ray Hererra No. I just wanna say thank you for having me again, Leah. You have a great organization. The work you guys do is is definitely impacting the veteran community. I know they see it.

I see it when I when I, dissect, you know, at times, some of your Nexus letters. And compared to what I've seen, it looks great. You're doing great work. Thank you for what you do.

Leah Bucholz Well and thank you for everything you do out there on the front lines for the veterans. And as a veteran yourself, also, obviously, just your commitment to your fellow brothers and sisters out there is just, like, so commendable. And I I'm so happy to know you and get to continue to watch what you're doing, out there for our people. So thanks again for being here. Alright.

Thanks, guys. Thanks for watching, and we'll see y'all next time.

VSO vs. VA-Accredited Attorney — Which One Do You Need?

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