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.

[Gastone]

With 2 months to go for your BVA Vidio Hearing, which is basically a Face to Face Hearing with a BVA Hearing Judge, what makes you think you could change it to an in-person DC Hearing at this point?

You might want to give VA lawyer Chris Attig's interview with a SR BVA Judge a read. Although the Hearings are presided over by a BVA Lawyer, referred to as a BVA Hearing Judge, in essence, is a Law Clerk for the SR Judge, who actually will render a Decision X months down the road.

What exactly are you Appealing, when did you get your BVA Docket Number? How about sharing some info, redacted Denials would be very interesting. Who's Repping you with the BVA?

Get back to us with your opinion of the 04/17 Hearing.

Semper Fi

[Berta]

You mentioned a CUE that was denied and I think there was an FTCA case you had that was denied.

There is no 'Dont Approve Appeal' list. If there was, many of us would have Never succeeded at all.

  You asked:

"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? "

The regulations do not account for vibes, passion, etc etc etc 

The only thing that awards claims is EVIDENCE.

I agree with those above that you need a lawyer.

 

[treysnonna]

My husbands docket is 15-319.  He signed a waiver for decision to be made at bva.  It has been at Vso since nov. 16.  How long before it is assigned to someone to write a briefing?    And when you sign the waiver do have anyone really looking out for you.?  Vthis nod was filed nov 12.    He filed for increase on diabetes, and chronic kidney failure.  Both we denied at ro.  Now I read somewhere on her you so many sets of labs.  I do not think his doc were sending this in.  I got all labs since he was diagnosised with kidney and sent in.  Over five yrs.  now he was denied because. At the urine sample given to va at c&p, he did not drop any protein.  Although his gfr is around 43 and has been as low as 33 at times. You do not always drop protein in the early stages.  But in the later stages you do.  I call that a mistake on the person doing the c&p.  If I could come up with this info why could she not?  Getting very frustrating.  Need to do repairs to our house and need the money to do so,  before it falls down.

[treysnonna]

Hey, Berta or Gaston can you chime in here.

[Berta]

I am guessing that the VSO has not prepared the 646 yet.

Here is a blank 646:

https://www.va.gov/vaforms/va/pdf/VA646.pdf

In  a letter I sent to the Secretary this was one of many ways I identified as causing the backlog.

I suggested the 646 be prepared as soon as the I-9 has been prepared-and attached to the I-9, as  that way the same VSO who is familar with the claim can prepare the 646,instead of some VSO probably in a DC office.

The 646 is an absolute time waster unless the VSO is willing to add additional argument to support the appeal.Most of them can check the first box on the 646 because they dont have a clue on how to prepare a valid argument.Or they do have a clue but dont want to take the time to do it.

Very few 646s are ever mentioned at all by the BVA in their decisions.

Because very few 646s actually raise  good points of argument that the claimant might have overlooked in preparing their  I-9.

This form is a chance for VSOs to actually "represent" the veteran on appeal and one more chance to seek legal errors in the decision being appealed. 

If most VSOs are not able to push the claim forward with a strong argument, what is the point for them to be expected to file out a 646......there is no point....and they have an endless stack of these forms.

I am beginning to believe that the entire VSO-vet rep POA idea is a crock.

Vet reps get paid whether they help with a claim or hinder the claim.

I dont know if you can contact the VSO who actually has the 646 for your appeal..and I don't know if that would do any good.

Then again -if this is a delay because of a good VSO presenting a valid argument for the claim....it would probably be well worth the wait.

 

 

 

[Buck52]

Ms berta

I am so glad you put  up the 646   hopefully other veterans will see it.