Cruinthe Posted July 31, 2010 Share Posted July 31, 2010 I have a veteran here that had a BVA hearing yesterday. He was ONLY allowed to address one issue at the hearing. I was under the impression it was an open forum. Can anyone point me to the rules regarding BVA in 38 CFR? Thanks! Link to comment Share on other sites More sharing options...
Cruinthe Posted August 1, 2010 Author Share Posted August 1, 2010 The original BVA issue was service connection for the knee what was NOT damaged in the military. The knee did essentially degrade at the same level as the service-connected knee, and there was evidence that both ankles were swollen while he was in the military and shortly after. I would have been happy if the BVA remanded the claim back to the VARO, in the hopes that the VARO would not act against the veteran while the BVA was monitoring the situation. Oh well, best laid plan of mice and men. I am just glad I was able to confirm, that it IS possible to bring up tertiary issues during a BVA hearing. Now I know for sure the veteran got hosed by his "advocate" and the BVA judge. Link to comment Share on other sites More sharing options...
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Cruinthe
I have a veteran here that had a BVA hearing yesterday. He was ONLY allowed to address one issue at the hearing. I was under the impression it was an open forum. Can anyone point me to the rules regarding BVA in 38 CFR? Thanks!
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