Veterans Law Judges

[rthomass]

I hope some one on the site can help me. I have an AO case that has been to the RO, BVA, CAVC, and back to the CAVC, THE RO and is now on its was back to the BVA (UNDER REMAND). I have had the same Acting Veterans Law Judge from the initial travel board meeeting to the BVA (twice). Is there a way to get away from this Veterans Law Judge and perhaps get a fresh start from a new VLJ?

[Pete53]

Who is the Judge and it never hurts to ask. Obviously no one at VA is taking this Judge seriously.

[rthomass]

The Acting Veternas Law Judge's name is D. Reiss. Someone is taking him seriously since he has caused numerous denials and delays. I really need to know if I can request a change.

[Berta]

As I recall this was an AO Thailand claim-at least two Thailand vets have succeeded in their claims at the BVA, as well as a Guam vet (maybe two) Okinawa vet,Korean vets under the 1968-1969 DMZ presumption, and just recently a Alaska vet.

All of these cases I have studied thoroughly-

they all reveal detailed information as to how the veteran was exposed to AO.

One case-forget whch one described it as it was sprayed exactly like my husband did when he was doused with in Ashau Valley. AO had a smell and consistency etc- that was unlike anything else.He described in detail how it affected the jungles.

This was because my husband was in the original AO lawsuit and they wanted detailed specific info.

It was different than any other of the rainbow herbicides-Agent Blue and Purple etc-

Many of these vets and there are probably others too- were awarded due to the detailed account they gave of the spraying and its after affects-some of them had buddy statements from their CO-to confirm the spraying took place- one had a newspaper article-

where the Army Corps of Engineers sprayed it along the Alaskan Pipeline. His MOS and time of service service records, put him exactly where the Army sprayed it.He described its affects on the vegetation.

The only way a veteran can get AO serviced connected without proof of exposure or presumption is to get an environmental specialist with a medical degree to state that the disability more than likely has no other etiology but for Agent Orange.

Any details ( one vet I know sent me pictures of the AO barrels they used to pull off the trucks in Vietnam- the barrels of Agent Orange look a specific way)- all of these are the details that the BVA will consider-

I know this is frustrating for you- but I dont think the change of a judge or anyone can circumvent exactly what the VA needs to know as to this type of claim.

The AO barrels all looked the same.They were often emptied into the sprayers and then used to wash clothes in- some soldiers even used them to barbeque food and sometimes they used them for 'shitters'-pardon my french

some men were exposed simply by unloading the barrels from a cargo plane or from a truck- some of the barrels often opened in flight and oozed-or during the transport to the base.

This is the type of details that the VA needs to know and how your MOS put you directly exposed in some way to the AO.

Edited May 29, 2008 by Berta

[Ricky]

The BVA rating section is broken down into geographical teams. Each team has one judge and several attorneys who review the claim and write the decision for the judge to review and sign. Your claim will continue to be reviewed by the same attorneys and signed by the same judge if he is the one assigned to your geographical area.

The key to understand about BVA appeals is that it is not the judge who develops, reviews and issues you a decision - it is a team of attorneys. Attorneys who, 90 percent of the time, are fully versed in VA law. If you claim is not in order or it does not meet the letter of the law they will tear you apart. That is why, if you can, it is best to obtain an attorney to rep you at the BVA level. That way you have attorneys fighting attorneys. Unless of course the vet is fully versed in VA law and can speak legalise!

Sorry but the answer to your question is no. The judge is assigned to a specific area of the U.S. and the veteran can not influence this. However, with all that said, go ahead and ask. As Pete said it never hurts to ask, heck you might get lucky. Its like a change of venue in the civilian world, if you got a good enough reason then who knows maybe the VA will bend.

[carlie]

Ricky

"The key to understand about BVA appeals is that it is not the judge who develops, reviews and issues you a decision - it is a team of attorneys. Attorneys who, 90 percent of the time, are fully versed in VA law. "

I feel this also drops down to the VARO level, the only difference being Position Titles.

Judge = RVSR

Attorneys = Pre Determination Team

Now the Pre Determination team - I feel often are not trained or

experienced enough in the VA Claims Process to be able to

make the decisions - that they are allowed to make.

I feel this a root cause of many Decision's being incorrectly

disallowed and a major reason why the Remand rates are so

incredibly high.

jmho,

carlie

[Pete53]

Well that explains it all. We can blame the damn lawyers its not the VA.

I am kidding a little but I am serious.