Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

byjomat

Seaman
  • Posts

    19
  • Joined

  • Last visited

Reputation Activity

  1. Like
    byjomat reacted to Buck52 in BVA Hearing...   
    I  Totally agree with Gastone on this.
    Get You an Experienced  VA Attorney!!!
  2. Like
    byjomat reacted to Gastone in BVA Hearing...   
    BYJO, you're 75, had a DRO Denial, had a Negative Tort Claim Decision and you've been waiting for a BVA Hearing for over 48 mos.
    WTF does your VA Lawyer, you better have one, say??
    Considering your circumstances, doing anything with the BVA without a VA Lawyer is ill advised. Even if you can't find a VA "For Fee" Lawyer that thinks you have a winner, get with the DC Pro Bono legal consortium, you need VA Legal Representation.
    You're quite probably looking at a BVA Denial Decision being issued 6 to 12 months after your Hearing. Next stop CAVC, best to have the VA Legal Representation already onboard.
    Semper Fi
  3. Like
    byjomat reacted to paulcolrain in BVA Hearing...   
    https://iris.custhelp.com/app/answers/detail/a_id/3033/kw/3033/index.htm
    THIS IS A LINK FOR VETS LIVING OUTSIDE US. IT HAS ANSWERS.
    I DONT THINK IT MATTERS WHICH ONE YOU CHOSE. YOUR HEARING DATE SHOULD HAVE HAD A TIME AND PLACE?
  4. Like
    byjomat reacted to john999 in BVA Hearing...   
    I had a BVA Hearing with a judge while accompanied by my lawyer on a CUE claim.  I found the BVA judge to be just a person who gathered minimal information and accepted my lawyer's brief.  Nothing was decided at the Hearing.  I got a denial about 4 months later where the BVA could gather their lying lawyers and judges to write statement that would force me into going to Court of Vet Appeals.  The best thing I ever did was to get my claims decided and won at the RO level.   Once claims get beyond the RO it becomes more and more difficult to add evidence and get face-to-face with actual deciders. 
    If a claim you file is going to impact a whole class of claimants besides yourself then beware because the VA and their lawyers and so-called judges will do everything in the world to deny that claim IMO.  If I had won my CUE it would have been precedent for all the vets who had claims that were made before the 1990's.   The VA was not going to allow that liability.   The Court judges have so much lee way on claims like CUE claims that unless it is black and white with not the slightest measure of doubt it won't fly.
  5. Like
    byjomat reacted to jfrei in "Motion to Advance Docket"   
    I was just thinking I'd be a different person then I am today had I be eligable to receive the care I deserved 6 years ago. But now my problem is permanent and the money just covers the amount of time I spent emailing, going to the VA, and obsessing what might happen as if we didn't know it was going to be a denial for half my remaining life.
  6. Like
    byjomat reacted to Berta in "Motion to Advance Docket"   
    It is ABSURD! and those retro dollars, ,once a claim succeeds , do Not have the same value as they would have if VA had done the claim right in the first place.
    If somehow interest could be tacked onto retro amounts, maybe that would speed up the VA...but that will never happen.
  7. Like
    byjomat reacted to broncovet in "Motion to Advance Docket"   
    Berta said it better than me.  This is exactly the kind of thing which creates homeless Veterans.  
    How do I know?  Well I was desperate to save my home in 2003.  I did not use the term "Advance on the docket" as I never heard of it.  But I did tell my psychiatrist I was loosing my home.  So, VA knew about it.  What did they do?  They delayed my claim still more.  
    You see, homeless Vets can not fight VA well.  They have no address, so VA can get away with much.  Dont beleive Secretary Shinseki...the VA wants more homeless Vets.  
    Delays in payments creates more homeless Vets.  Vets can only survive a limited time with no income and not become homeless.  Most people are that way.  As a homeless man once explained to me, the difference between a homeless person and a person with a home is often 2 or 3 paychecks.  
    The Bible says you should pay a worker "before the sun goes down". Deuteronomy 24:15.   So, why should a Veteran have to wait years to get paid his compensation?  
  8. Like
    byjomat reacted to Berta in "Motion to Advance Docket"   
    I never believe a word the VA says (unless it is what I want to hear)
    Chris Attig, veteran’s lawyer and hadit member has excellent info at his site regarding a Motion to Advance
    In Part:
     
     
    "38 C.F.R. § 20.900
    The CFR is the Code of Federal Regulations – anything that appears in the CFR is by definition a Federal Executive Agency’s interpretation of the United States Code, and is issued pursuant to an Executive Branch Agency’s rule-making authority.
    Here’s how the CFR reflects the VA interpretation of 38 USC §7107 at 38 C.F.R. § 2.900(c)(1):
    “A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party’s representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party’s representative.”
     
     
     
    https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/
    and
    I also suggest that you google M21-1MR, Part 1, Chapter 5, Section F, to get the entire pdf on this.
     
    It will show what the VA is supposed to do with this type of request.
    Or Google  BVA Motion to advance on the docket and the M21- 1MR pdfs will be easy to open.
    There is also a Key Changes link from the VA  as well dated January 2016 if you use the Google BVA Motion to advance on the docket search term…I hope those changes are here somewhere…
    It pays to always check for any M21-1MR changes before using it.
    Actually a Change to M21-1MR helped me win one of my claims.
    I sent them the entire M21 change version,.
     
    These requests need probative reasons ( the VA uses the legal term “good cause”,) for the criteria to advance on the docket.)
    I have a “ good cause” issue pending.
    That is the VA made no decision on it at all. It will be interesting to see what BVA does with that.
    I filed a timely NOD on a decision I felt was wrong based on a OGC opinion, that they refused to consider.
    I asked for the extension on the NOD however, for "good cause" because one cannot properly NOD any decision that is legally incorrect.I just wanted to see how the BVA would handle that , because it could be another way to get them to CUE themselves ASAP when a decision contains a legal error.
    When you file the Motion make sure your motion covers all basis in the M21-1MR stuff and the info at Chris's site.
    I wish I had taped the phone calls I got to and from the director of my VARO,not long ago.
    Some of the stuff she told me was ludicrous and certainly not VA case law at all- a tactic they had tried on me before and that didnt work for that claim either(SMC CUE claim)
    About a year ago they were trying to get out of granting a 100% P & T 1151 award and it didnt work----
    but I still have the emails. Proof of the VA's downright incompetence, but also proof that they will often tell a vet or surviving spouse ANYTHING to get out of making a proper decision that involves Ca$h.
    We must use the regulations on our behalf (which means a lot of reading sometimes) because if we don't they will use them against us and probably get away with it,if we stay in the dark on what these regulations contain.
     
     
     
     
     
     
     
  9. Like
    byjomat reacted to jfrei in "Motion to Advance Docket"   
    That dude is an idiot this is why even though I had an attorney I emailed everyone. I filed my motion two months after I filed my appeal please don't listen to your guy.
  10. Like
    byjomat reacted to broncovet in "Motion to Advance Docket"   
    This is a great example of the not only bad advice the VARO often gives, but it is also wrong and harmful.  
    No, you do not wait for the BOARD denial to file for an advance, yes, you are exactly right that defeats the purpose of a docket advance.  Tatto this on your arm:
    YOU CAN NOT ALWAYS BELIEVE WHAT A GOVERNMENT EMPLOYEE TELLS YOU.
     
     In fact, wasnt in Ronald Regan who said the most dangerous sentence is, "I am with the government and am here to help you."  
  11. Like
    byjomat reacted to Gastone in BVA Appeal from DRO   
    What to do, What to do?
    So far, what you've tried to do certainly hasn't worked, right. Going it alone or using another VSO, is kinda like repeating your previous attempts and "HOPING" (not a good word for claims), for a different outcome. What's the chance of that? Slim & None.
    I have no idea of how strong your case or Medical Evidence is and maybe you don't either. Was your DRO a Review or Hearing? Posting a Redacted copy of your SSOC would provide a clearer picture.
    At this point, you should give consideration to contacting a VET Lawyer. It's time for 2 or 3 FREE Consults from Appeals PROs. Looks like you have a possible RETRO Award back to 05/11, BVA Hearings can take 2+ years, so the 20% of Retro Legal fee, will be substantial.
    If all 3 firms (include Chris Attig's Firm), jump all over the claim, you might have a good chance at the BVA. If they all beg off, you need to reevaluate your claim.
    Back in 01/14, I contacted 3 VA Lawyers regarding a DRO Hearing, requested in 2010. The 2 Online/Telephone Legal Firms wanted me to sign a POA that day and cancel my DRO Hearing request, opting for the BVA. 3rd Lawyer was local and I did the face to face consult. She said I had a good case and could probably handle it myself at the DRO, or she would Rep me for the 20% of Retro.
    Semper Fi
     
     
×
×
  • Create New...

Important Information

Guidelines and Terms of Use