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BVA Hearing...

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byjomat

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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.

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No, we can't ... an accredited vet rep or VSO on the POA has to fill out the 646.

This is one reason why I would never get a vet rep again, I have many other reasons, but this form can sit in a stack for months.

My former POA long ago sat on a 646 for my DMII claim  for 6 months and this was years before the big backlog began. A critical error had been made at a double DRO review and the POA rep didn't catch it, but the BVA did when they finally got to the claim.It was my AO DMII death claim.

All of my IMOS had been ignored at the RO level.I had already had the double DRO review because I filed CUE, but when the evidence Still remained ignored, I wanted to get out of the RO ASAP.

And of course the BVA awarded the claim, taking note of the IMOs and the other critical evidence the RO had ignored.

The I-8 is another time waster. They changed the I-8 form some years ago making it even easier for errors to get by the VAROs.

Years ago this form (the Certificate of Appeal form) contained a check list of what the VA was supposed to do. And whether they did it or not.

I discussed it here in around 2010-2012  I think because we had a vet here whose vet rep caught an error in the I-8, and the claim was immediately re adjudicated. I was thrilled because my I-8 as well had a major error in it as my VCAA rights have been violated.

BVA caught that error too,which I mentioned in my appeal and the BVA agreed with me.

The good vet reps and POAs out there are hard to find. They are overwhelmed.

It takes a lot of time to really go over claims and C files and medical evidence.Some of us probably do more intense work here every day, trying to find the best way a claimant can succeed, than some of those vet reps do all month.And we don't have the entire record, but do our best often just able to depend on what the claimant posts

 

 

 

 

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On 3/6/2017 at 4:14 PM, Berta said:

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.

 

 

 

I am beginning to believe that the entire VSO-vet rep POA idea is a crock. IVE BEEN TRYING TO START A THREAD ON THIS BUT I KEEP GETTING SHUT SOWN.. IM SO CONFUSED ON HOW THEY WORK FOR US IF THERE MONEY COMES FROM OUR ACTUAL WAITING AND THERE NUMBERS. ANOTHER WORDS,, IF VETS DIDNT WAIT THEN THERE NUMBERS WOULD BE LOW THEN THERE PAY WOULD BE LOW AND THERE INFLUENCE WOULD BE LOW

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Good informative article.

I will say evidence is king and eventually somebody will connect the dots.

The form-9 and 646 probably need to done by the VSO when the form 9 is submitted.

I don't know if its possible, but people with the most knowledge should have a hand in its preparation.

Also, it would allow the veteran be a part of the final argument before it is docketed in Washington, DC.

Just my opinion.................

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For the past three (3) years have had no representation.  Previously, had 2 VSOs...they were incompentent.  My claim/appeal is a "1151" for 6 years.  It is based on malpractice/negligence by the Los Angeles VA Pharmacy over-medicating me...causing Chronic Kidney Failure Stage IV.  Have had C.U.E. action and 2 DROs.  The DROs were denied with the reasoning..."the VA gave me my Chronic Kideney Failure...correctly...therefore, there was NO negligence or malpractice in providing me with this wonderful condition!!!  (LOL)  Obviously, they were going down the wrong path of reviewing the case.  The issue was...the VA Pharmacy erred in providing a harmful drug for six (6) years...ultimately, causing the Chronic Kidney Condition!  VA acknowledged their wrong doing in their denial decision on the C.U.E.  The C.U.E. was filed with the recommendation from my VSO at the time.

Have contacted various VA Accredited Attorneys...they indicate they don't handle...or, don't want to handle 1151 matters?  Chris Attig refused to look at it.

I'm still concerned BVA will be continuing going down the wrong path of providing me correctly with my kidney condition...and, forget about the real issue of the Pharmacy!  The Pharmacy realized after six (6) years,,,it was an improper medication...and, unilaterally modified it without a Provider's authorization!

Additionally, have a pending Tort action for the same cause.  FYI...the Tort action was closed for over a year as denied...Status of Limitations expired.  November 2016...received a call from a VA Regional Counsel stating she is "re-opening" my denied case for final closure?  Hmmm...?  The re-opening of the Tort action is still pending?

Therefore, it looks like I will be representing myself in a face-to-face BVA Hearing?  Feedback welcomed.

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I recently posted this topic:

info that I have posted here before many times....and bears repeating.

You need an independent medical opinion to succeed in this type of claim.

You stated:

"Additionally, have a pending Tort action for the same cause.  FYI...the Tort action was closed for over a year as denied...Status of Limitations expired.  November 2016...received a call from a VA Regional Counsel stating she is "re-opening" my denied case for final closure?  Hmmm...?  The re-opening of the Tort action is still pending? "

I dealt with both Regional and OGC VA counsel for my Tort claim. I find that information you got Very difficult to rely on.

Years after I won my FTCA tort , the 800# ,when I asked for a status on something else, advised me the Regional Counsel had my files, which made sense due to my additional claim.(additional malpractice matter)

However the RC found a CUE on something I had been fighting them over for years and I had given up.

The RC told them to CUE themselves and send me the cash.

This was not a 're-open' of a tort however..just to check some stuff with the RC that I said in the newer claim as to the wrongful death settlement.if the Statute of Limits is gone I don't see how the tort could possibly be re-opened.

 

If you get a solid independent medical opinion,that fulls supports the 1151 issue,you wont have any problems getting a lawyer.

 

 

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