Preparing For A Hearing - On My Own...

[justrluk]

Good Morning -

I've received both IM and forum feedback regarding the preparation for a hearing. LSS: my hearing is in two weeks and my VSO just quit (not just me, the whole organization). I received this feedback in another thread:

Sergeant G wrote:

Justrluk,

Preparing for the BVA hearing was not as labor intensive as were earlier stages of my appeal. By the time I had my BVA hearing, I had already conducted 95% of my research as a result of preparing for DRO hearings, writing notices of disagreements, filing the substantive appeal, etc. Therefore, I just had to compile information I already had and tailor it to attack the Statement of the Case issued by the regional office.

Aside from compiling the information, I prepared by making an outline of the relevant issues and supporting arguments. Using the outline, I also practiced presenting my information. I sort of had a “script,” but my goal was to sound as though I was speaking with a conversational tone (without reading from my outline). I wasn’t sure if the Veterans Law Judge was going to ask questions throughout my presentation, or to just let me “run with it” by allowing me say everything I wanted to and then he would ask questions afterward. I would advise you to prepare with the assumption that it will be the later scenario, just so you don’t leave anything out. In my case, the VLJ already scanned my substantive appeal before the hearing and just asked a few questions to clarify my arguments. Therefore, I didn’t even go through my script/outline. However, it is definitely better to be over-prepared rather than not.

As for conducting the actual research, there are a few things to keep in mind. In law school, students are taught to use the “IRAC” method, which stands for “issues,” “rules,” “application,” and “conclusion.” First, make sure you have narrowed down the specific issues in dispute. That will provide a roadmap to finding relevant statutes, regulations, and case law (i.e., “rules”). After you do this, look at your Statement of the Case and Supplemental Statement of the Case, if applicable. Apply the law to the facts of your case. Show the VLJ how the regional office failed to comply with the law and then argue how you meet the criteria for the benefits you are seeking. Finally, make your conclusion.

Have you conducted any research so far? What sources of information have you used? I’m happy to provide additional research tips regarding sources of law and how to find them, but I don’t want to tell you stuff you may already know. Just let me know what you are looking for.

Also, if you feel comfortable sharing, please tell us what your service-connected disabilities are and what you are appealing (such as a higher rating, IU, earlier effective date, etc.). This information will help us to help you better."

Also, several elders (john999, Carlie and Berta to name a few) have responded to other posts with more info. Bottom line: the IRAC approach G mentioned is a common thread.

So, in response to G, here are my issues:

Bilateral Knees 22% (reduced from 44%)

Migraines: 50

Psoriasis: 30

Degenerative Disk Disease C5-C6: 30

Bipolar: 30

Asthma: 30

Tinnitus: 10

Hemi-Colectomy: 10

SMC-K

The issue on appeal is the bilateral knees. They reduced the rating stating the condition pre-existed service. My initial entrance exam states nothing of the kind, but all SMRs were lost after separation. I've requested the 22% be restored to 44% and that's all. I have a copy of the entrance exam, but no other documents.

G recommended an IMO, but my doc was nowhere near me at the time of entrance. I had a bad strep infection the summer after I entered active service and this is a known potential trigger. Both psoriasis and psoriatic arthritis started showing symptoms within two years of the infection, but only used OTC meds and wore knee braces under my work clothes. I didn't want to lose my job, so I tried not to make a big deal of it.

Either way, I think I need to stick to the issue that they did not use the presumption of soundness for my first period of active service (1984 - 1988) and that this is when I believe I became symptomatic.

I have started to outline Berta's references to the CFR and M21-1MR along with my best recolection of the course of events. I could use any/all help at this point.

Thanks!

[justrluk]

So I'm noticing a pattern: I've checked my appeal on eBenefits and they keep adding dates of action "at BVA." After each action, I've received something of value. The first time there were several dates in a row (all in Jan 13), my hearing was scheduled. The second time, I received my transcripts shortly after the last cluster of dates in Feb 2013. Now, the current date of progress is 3/26/13, still "with VLJ." It would really be great if they shared the actual action taken when they make these entries. I'd love to have a "look under the tent" just to understand the process. Just some musings on the appeal...

[justrluk]

Update:

After the last post, I received my transcripts on 22 Feb 13. Since then, the appeal is being touched monthly (2/13, 1/14, 2/21, 2/21, 3/26, 4/9, 4/9/13). I can only hope this is a good thing as I don't know their internal process, if they HAVE to touch the appeal that frequently, etc. Fingers crossed, but not holding my breath.