Board Hearing Aug. 17 2016

[wjdenney]

I have a Board Hearing scheduled for Aug. 17, in Washington DC, can anyone give advice on how to prepare?

Last Battle Plan !

[Berta]

wjdenny,I found your 2014 post where you got 100% P & T. You did very well with that claim.

Is the hearing for SMC? or a better EED?

Can someone go with you?

I advised a member here many years ago to bring someone with her to a BVA hearing who could hold any documents she wanted to make sure were in the record.They did allow a friend of hers into the hearing.

She used manila folders for each piece of evidence, and then made  a cover page list of what each file contained.

And also one for her friend ,so he could access quickly any specific file she needed.

I think I advised her to use those colored yard sale stickers to color code the list and the files. or at least make sure the file tab identified what was in each file...anything to make sure she didnt have to search frantically for something...she was nervous as it was.

I told her to even rehearse a little as to how she might answer some questions she felt they might ask.

I also told her to focus on doing something special for herself after the hearing....a fancy meal , or a good movie rental...anything to make sure she had something to look forward to after it was over...and also to realize the BVA people are probably as nervous as she was and she should pretend they forgot to put on their underwear that day...

The hearing went Great! The VA BVA people were very nice to her and saw that she was well prepared.

The BVA awarded her what she wanted. 

You said the magic word ........Battle Plan.

When my daughter joined the Mil and had to go to Buffalo for her inprocessing tests, I asked her to take a photo of my VARO for me. A DAV guy actually gave a very brief peek into the Buffalo RO.1997- stacks and stacks and stacks of folders everywhere...

That photo is something I have scanned into every battle plan I have done since.

I surround the flanks of the photo with brief notes as to my prime evidence, and then decide on what frontal attack would be best. (my favorite one now  is violation of 38 CFR 4.6) I used Military symbols to make it fun and used EN for the RO but the VA certainly is not our enemy...Time is.

Of course it is always just a brief template of what I need to do and how to prepare the claim and the appeal.

Since VA denied every claim I ever had at first, but turned on the evidence, I also tried to anticipate how they would deny, even before they did.

The battle plan for my 2003 DMII AO death claim was enormous.My RO didnt even want to re-open that claim and they violatred my VCAA rights.

And refused to consider my IM0s from Dr. Bash.I even asked Acting Sec Mansfield at the time if he would send the IM0s to my VARO insupport of my claim.I didnt think they would ignore evidence coming from the Secretary on my behalf..

My C file shows they got his letter and the IMOs and STILL ignored them.The BVA didnt however and awarded..

That was long ago but my claims made me realize that VA can be capricious and arbitrary.

And often are unwilling or unable to even read probative evidence.

 

 

 

 

 

 

 

 

 

 

[wjdenney]

Thanks for resonding Berta, we can always count on You.

It fairly simple I Hope, the appeal is for High Blood Presure, currently rate at zero but should be 10% with the same effective day of 10/2010.  During the DRO appeal he state the evidence from my VA med. Record show evidence of HBP but did not us my Rehab or Cardio DR. file. there he would have found Diastolic BP of 100 or more, which caused promt medication. I currently take 2 Medication that control HBP and heart Rate.

thanks for the advice

[YSWUSAF]

Do you have a lawyer?

 

[Gastone]

Your way past advice. What type of BVA Hearing, Travel Board or Video Hearing. Who or What VSO is you Rep, what do they have to say?

Semper Fi

[wjdenney]

No I do not have a lawyer, it is an in person hearing in Washington DC , my VSO is American Legion, put I do my own Work as far as filing, and preparing Doc. to present.  So far I have done very well on my own, but I was a State Gov. manager so I am use to speaking in Gov. terms. And my advice here comes from a gent who used to work at the Board in Washington DC.  And of cousre our own wizard Berta

Really it should be a simple hearing but you cannot be to careful.

Thank to Hadit for all the help and guidance over the years 

[YSWUSAF]

Hi Wjdenney,

Thank you for the info! Would you recommend having people write letters on my behalf?