BVA Hearing...

[byjomat]

I have finally succeeded to have a BVA hearing in April.  It is scheduled for a video hearing in Phoenix.  However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face.  Do I have a better chance of success with a personal hearing...or, stick with the video hearing?  Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference.  Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states.  Your feedback would be appreciated.  Thank you.

[john999]

I had a BVA Hearing with a judge while accompanied by my lawyer on a CUE claim.  I found the BVA judge to be just a person who gathered minimal information and accepted my lawyer's brief.  Nothing was decided at the Hearing.  I got a denial about 4 months later where the BVA could gather their lying lawyers and judges to write statement that would force me into going to Court of Vet Appeals.  The best thing I ever did was to get my claims decided and won at the RO level.   Once claims get beyond the RO it becomes more and more difficult to add evidence and get face-to-face with actual deciders. 

If a claim you file is going to impact a whole class of claimants besides yourself then beware because the VA and their lawyers and so-called judges will do everything in the world to deny that claim IMO.  If I had won my CUE it would have been precedent for all the vets who had claims that were made before the 1990's.   The VA was not going to allow that liability.   The Court judges have so much lee way on claims like CUE claims that unless it is black and white with not the slightest measure of doubt it won't fly.

[paulcolrain]

https://iris.custhelp.com/app/answers/detail/a_id/3033/kw/3033/index.htm

THIS IS A LINK FOR VETS LIVING OUTSIDE US. IT HAS ANSWERS.

I DONT THINK IT MATTERS WHICH ONE YOU CHOSE. YOUR HEARING DATE SHOULD HAVE HAD A TIME AND PLACE?

[Gastone]

BYJO, you're 75, had a DRO Denial, had a Negative Tort Claim Decision and you've been waiting for a BVA Hearing for over 48 mos.

WTF does your VA Lawyer, you better have one, say??

Considering your circumstances, doing anything with the BVA without a VA Lawyer is ill advised. Even if you can't find a VA "For Fee" Lawyer that thinks you have a winner, get with the DC Pro Bono legal consortium, you need VA Legal Representation.

You're quite probably looking at a BVA Denial Decision being issued 6 to 12 months after your Hearing. Next stop CAVC, best to have the VA Legal Representation already onboard.

Semper Fi

[Buck52]

I  Totally agree with Gastone on this.

Get You an Experienced  VA Attorney!!!

[byjomat]

Gentlemen...appreciate the input/feedback.  However, I'm looking for thoughts...from a marketing/sales position...would my success rate increase with a face-to-face BVA hearing in front of the Judge in Washington...or, stick with the video hearing?  Would a face-to-face hearing be more relaxed...informal?  Better vibes?  Better body language?  Feel the passion...so, the judge would be compassionate for my dilemna? etc?  Thanks.

[byjomat]

FYI & BTW...had a C.U.E. denied a couple of years back...does this put me on the Don't Approve Appeal list?    Thanks.