Personal Hearing At The Ro

[william n]

folks i requested a personal hearing on a pending SC claim(s)and was told that only when a descision has been reached can i then request..not while pending..True/False? i must have missed something>>not the first time!. Peace, William n

[Ricky]

folks i requested a personal hearing on a pending SC claim(s)and was told that only when a descision has been reached can i then request..not while pending..True/False? i must have missed something>>not the first time!. Peace, William n

William yes you can request a hearing prior to the issuance of a decision. However, such hearings are not normally requested or held. At this point and time with the backlog such hearings tend to tie up the system a bit more.

If you do not mind could I please ask why you are requesting a hearing prior to a decision being made on your claim? Doing so after a decision is made is much more beneficial to you as it gives you more fire power to use. Without knowing what their decision is going to be you may just be wasting your time and money...jmho However, if you want the hearing continue to push them on the issue using the fact that you do have the right to such a hearing.

[william n]

William yes you can request a hearing prior to the issuance of a decision. However, such hearings are not normally requested or held. At this point and time with the backlog such hearings tend to tie up the system a bit more.

If you do not mind could I please ask why you are requesting a hearing prior to a decision being made on your claim? Doing so after a decision is made is much more beneficial to you as it gives you more fire power to use. Without knowing what their decision is going to be you may just be wasting your time and money...jmho However, if you want the hearing continue to push them on the issue using the fact that you do have the right to such a hearing.

ricky..i requested a hearing, under due process..they responded by IRIS that i could not..I want too ensure they have all my evidence and know where im comin from on these claims. i dont think ill be able to review my c-file prior,, due to backlog ???i wanna ensure my ducks are in order in THEIR eyes..thats all..thxs

Edited May 30, 2008 by williamn

[Ricky]

ricky..i requested a hearing, under due process..they responded by IRIS that i could not..I want too ensure they have all my evidence and know where im comin from on these claims. i dont think ill be able to review my c-file prior,, due to backlog ???i wanna ensure my ducks are in order in THEIR eyes..thats all..thxs

I understand your concern sir. However, you would more than likely have an opportunity to review your C-file than have a hearing. To insure they understand where you are coming from just put it to paper in a personal statement.

How long has your claim been at the RO? How long after service did you file this claim? The reason I ask is that if the claim has been there less than a year and you are not one of the new vets then you should be able to schedule an appointment with the RO and review the C-file. jmho

[john999]

William

Just write a letter to the VARO and ask to see your C-File. They have to do it. This is nothing for them. All they have to do is get your file and have an employee sit there while you review it.

[Berta]

William- BTW -thanks for coming to and participating in the SVR show Wednesday night!

I certainly took advantage of the DRO duties regarding how a DRO is supposed to consider inout from a vet or widow-

I asked three times via Iris and snail mail for a telephonic conference if there is any question at all as to my medical evidence.

I dont know how this works if not involving a DRO review but I sure would request from VARO whatever you feel will help resolve your claim.

Oersonal hearings and stuff like that do take time and there is the backlog factor but I think a vet needs to do whatever they can to make sure their evidence is properly addressed.

There are too many remands from the BVA that show these ROs are not addressing the evidence properly.

One case I read-the vet had FOUR IMOS that the RO ignored.

The BVA was able to make a decision of awarding direct service connection but still the claim was remanded for the VA to determine the proper rating and retro.

One of the remands my POA got recently was on its FOURTH remand-

they had some triples too-

this is outrageous-and should not be happening.

[Pete53]

A Veteran can request a Hearing at any time and the VA is obligated by its own rules to give them one. You were given erroneous information in my opinion.