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retiredat44

My Next Step Is Bva Hearing

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My Disability claims process proceeds, slowly..

The American Legion is representing me and my claims in my Veterans Disability claims process to increase my rating.

They have decided to take my case to the Bureau of Veterans Affairs. Thye will hold a hearing. They are trying to get it live video feed, or else it will have to be in washington D.C. where the hearings are held, in which case I would need to travel. If I travel it might take another 2 years to get a hearing.

My legal representative is pleased with all my evidence.

The struggle has pretty much destroyed me personally.

This win would be a huge win for my family and I.

One more big problem, I am way too sick to travel. Also, not to be a drama queen, but people with necrotizing pancreatitis, and that also have complications (all of which I have) usually die of muti-organ failure after only a few short years. If this drags on pass my death, my family may never see the benefits.

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Question whether the BVA hearing ( http://www.ohamvets.org/claim.htm ) in person or live video,

I would expect being there in person would be best:

drawbacks:

-might take a couple years longer

-I am too sick to travel far

any opinions on BVA hearings, travel vs live video ?

Thanx..

==========

My Disability claims process proceeds, slowly..

The American Legion is representing me and my claims in my Veterans Disability claims process to increase my rating.

They have decided to take my case to the Bureau of Veterans Affairs. Thye will hold a hearing. They are trying to get it live video feed, or else it will have to be in washington D.C. where the hearings are held, in which case I would need to travel. If I travel it might take another 2 years to get a hearing.

My legal representative is pleased with all my evidence.

The struggle has pretty much destroyed me personally.

This win would be a huge win for my family and I.

One more big problem, I am way too sick to travel. Also, not to be a drama queen, but people with necrotizing pancreatitis, and that also have complications (all of which I have) usually die of muti-organ failure after only a few short years. If this drags on pass my death, my family may never see the benefits.

Edited by retiredat44

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I have had a form 9 in and waiting at my RO to be certified to the BVA since June of 09 and has not moved. After the RO decides to send it to the BVA I am told it will be 2-3 years before I will be able to testify. I asked for a live meeting and will be in Washington at the BVA whenever they want me. I am close by so it is no big deal to me.

I have no first hand knowledge but have heard the video is the way to go to get it done faster and is just as potent in getting the vets case across. So I would say you will do fine.

Have you discussed with your VSO the opportunity to get this advanced because of your serious health concerns?

Good luck to you!

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Ask for the traveling board hearing. I got mine in about less than one year. Then about 8 months for a decision.

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retired,

I believe you are referring to the Board of Veterans Appeals.

A video conference hearing SHOULD take a little less time to

get scheduled than an in-person hearing.

A travel board hearing in which you can personally attend

takes place (usually) at your closest VARO.

You do not need to travel to DC.

I will speculate and say that it will be 6-24 months before your claims file

is even certified and transferred to the BVA.

Your hearing would be set up some time after the transfer and my guess would be

that would happen 6-12 months after the transfer.

I do believe that as long as your claim is in the appeals process

if you were to die during this time ,

your spouse is able to take over prosecution of all issues on appeal.

Hopefully some other's will chime in and comment on this last part for clarification.

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Yes, I remember she was talking about some form 9.. of which she pulled one out and I signed..

I believe that form has the options of all the different types of hearings to choose from?

She had to write in the remarks section about the video hearing..

and there are options to check off on the form..

I have told people I am very sick and told them I am very sick, and tried to show them, it is in my claim too..

but I really don't think they have a clue.. I suspect they just don't understand,, unless they had the disease.. I tried to get the point across and even asked if they had some system in place for people that are sick,, I can't get a decent answer.. I will ask again..

I have complications due to necrotizing pancreatitis (with pseudocyst.)

http://medical-dictionary.thefreedictionary.com/necrotizing+pancreatitis

I have had a form 9 in and waiting at my RO to be certified to the BVA since June of 09 and has not moved. After the RO decides to send it to the BVA I am told it will be 2-3 years before I will be able to testify. I asked for a live meeting and will be in Washington at the BVA whenever they want me. I am close by so it is no big deal to me.

I have no first hand knowledge but have heard the video is the way to go to get it done faster and is just as potent in getting the vets case across. So I would say you will do fine.

Have you discussed with your VSO the opportunity to get this advanced because of your serious health concerns?

Good luck to you!

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