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7thSFG

Seaman
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Everything posted by 7thSFG

  1. Thank you Berta, Gastone & Kelly! Berta ... You remind me of my insticntive first thoughts, because I really never have felt I needed a hearing (if the evidence is fairly considered.) Unfortunately though, I have become so disenchanted with the RO level of adjudication (no longer having any confidence in what has felt like an unrelenting adversarial environment), I'm choosing the Wash D.C. hearing for two reasons. 1st, to establish a clear physical separation from the RO (change of hands and records custody) for a fresh and hopefully fair chance with the BVA. Secondly and particularly since I am pro se and perhaps could therefore become more vulnerable to having my written arguments and supporting evindence misconstrued, or not precisely tied in, I wouldn't want to miss the opportunity to clarify any confusion if any, or worse yet, failing to have expressed myself as clearly as what I might have in writing (for me, this is a one time event, or hopefully so). Actually, I really do agree with your reasoning in a perfect world or for those with more experience, but with me worrying about not being perfect or particularly skiiled at VA claims and Appeals and also knowing the VA certainly isn't perfect by any stretch of imagination, I guess I view my physical presence at a BVA hearing as my safety for any foul balls I see coming my way. I feel very confident with the evidence I have assembled but that doesn't alleviate the unkown ahead and I'm probably worrying too much about the administrative hearing procedures since I have no idea what to actually expect when it's finally my turn in front of the BVA pro se in today's enviroment . One thing I can say for sure, I haven't found more helpful information anywhere, than what is offered through these forums, so a special thanks to all of the members here!
  2. I hope I'm posting in the right forum ... I'm looking for advice if possible. My BVA Appeal was certified last month (pro se with Wash DC hearing request) I think I understand I have a 90 day window to submit new evidence to the BVA (or bring it with me to the hearing alternatively). I'm just hesitant to send anything until the BVA receives my files (they haven't yet, but I still have another 60+ days). It's taking me 6+ years to get this far with my denied claim for a rating increase and the last thing I want to do is waste any more time with the RO or do anything to slow down the transfer of my records to the BVA. I have a favorable IME report and other new evidence with supporting argument I want to submit to the BVA, but if my 90 day window runs out before the BVA receives my files, should I just relax and take my evidence with me to the hearing, or is there any significant advantage to submitting such new evidence upfront during the 90 day window to do so? Any other BVA pro se tips would be appreciated as well. Thank you for the opportunity to pick your brains. p.s. More than 2 months before I recived my SOC, a VSO offered to help me with my appeal so I filed the 21-22, but it took he RO 4 months just to process that simple 1 page POA. In the mean time, the RO had no problem processing and sending me a 40+ page SOC with 60 days to reply with a VA9 Appeal, while the VSO couldn't access my records to help me since the RO was delaying their recognition as my Representaive. I ended up filing the VA9 myself with no help at all. Several weeks after the VA9 60 day window had expired, the RO finally processed the 21-22 and recognized my VSO (sort of like hitting the brakes after an accident or in other words, a little too late to be of any help wih the formaility of preparing my VA9 which I must now rely upon as I go forward. Needless to say, I'm more than a little fed up with the idea of having VSO representation, so I formally revoked all representation and have decided to just continue pro se as I've done the past 6 years anyway. After reading many of the posts on this site, I'm kind of getting the feeling I might not have been helping myself much with a VSO anyway and no doubt, nobody knows and understands my appeal better than I do. About 40 years ago, when I had a VSO, they were very hands on and involved, but it sure doesn't seem that way today. I've also developed the impression, that if I ever were to ask for VSO help in the future, it just seems the volunteer VSO's are much more helpful than the paid VSO reps (go figure, huh). Anyway, knowing the pro se odds are tilted a little more against the Veteran at least statistically at the BVA, at least I'll know when it's all over, I left no stone unturned giving it my best shot, win or lose. Of course, I don't plan on losing, but I also know no veteran plans on losing, but unfortunately, it seems too many veterans just give up and I refuse to quit,when all I'm asking for, is what I'm entitled to. It truly seems "time" is the most potent and effective means the VA uses to close claims and appeals, as far too many veterans just give up and go away, but I'm still hanging in there and I won't let myself be counted among those who quit. blah, blah, blah ... sorry for venting, but back to my question above, any tips will be appreciated!!!
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