Bva Hearing, Etc.

[dav_marine72]

Hi Everyone,

Now that my case has been sent back to the BVA from the U.S. Veterans Court based on my motion for reconsideration being granted I have a last push to do. I have sixty days to send in any new evidence including the time period after their initial decision which was in March 2008. I have a ton of data to send on that end so I am covered there.

The second piece is a hearing with the BVA and or audio cassette testimony from my wife and I. My evidence is pretty strong and I didn't have a hearing the first time because I thought it would prolong my case. I guess not have a hearing the first time actually screwed me because they may have caught their error before making their decision. I am not sure at this point if I should request a hearing or make audio cassette testimony from my wife and myself. It seems like they don't view our own testimony as being worthy.

Has any had a hearing with the BVA that impacted a decision? Should I have the hearing so that I add a human element to this?

[Berta]

Hearings certainly do put a face on the claim-

A friend of mine got SCed a few months after a BVA hearing but another friend of mine remained at the same rating-

I hope others will chime in here- because I am in similiar predicament-

the BVA formally ordered the AMC to consider my medical evidence and to get a new VA opinion (Dr. BAsh knocked down their other VA opinion)

I believe that the evidence I have is so preponderant that due to Mariano the AMC should award without obtaining additional VA opinion-

Even if it is the crappiest opinion in the world- they still would have to weigh my evidence (3 IMOs and significant other evidence and factors such as the FTCA award documents and award-under Relative Equipoise-

I am raising this argument but have found substantial more medical evidence since last year-

I dont know whether to get another IMO for thousands of bucks or wait for the VA to opine and see how my evidence stacks up.

These are dilemmas for us-

Are you close enough to the BVA -travelwise- to want a hearing?

It will add more time to your claim.

You seem 100% confident in your evidence- as I am too- even with that type of confidence we just still often feel the need to do more-

I was just talking to the staff attorney at the OGC handling my complaint against my reps-

(her boss at the OGC said he is taking it to the level of the entire NYS division-not just the 4 reps I mentioned in my complaint and soon they will be done with their investigation of my charges)

I mentioned to her this very same issue-

We widows and veterans can have a preponderance of medical evidence that would outweigh anything the VA could possibly come up with-

but we have to make sure we live long enough to get it considered-and you would think federal employees could do it right at the regional levels-

it leaves us always considering any other tactics -always at our expense and geared to again hold up our claims-

as we wait for the VA to do-years after the fact-what they were paid to do right from the git go-

My position is that here in NY we have a million veterans-

and of course their dependents-

the ROs are bad enough to deal with-but our reps often make it

harder for us and even without POA advise- one never knows which way to turn-

(I gripe to the OGC every chance I get as to the deficient claims process we are forced into)

The hearing will add time to your claim-in the event that the reconsideration produces the unthinkable- a denial- then a hearing would be surely the best way to deal with that.

[dav_marine72]

I'm in Connecticut so going down to DC is kind of out. I wasn't sure if I could do a video conference from the RO. I may be learning towards the audio testimony. I just want to avoid going back to the USCAVC.

I see all these BVA decisions and it looks like I am a lock for 60% under the old back criteria IVDS. Since I am on initial rating from 2000 I still fall under that. I'm just scared that if I don't testify then one little piece of evidence will weigh against me and give me 40% instead.

Adding time is something I don't want to do but if it's the difference between 40% and 60% it would be worth it.

[Berta]

I understand that a BVA hearing can be held outside of DC-

at a VARO---not sure- someone will advise here on that

[Berta]

forgot to ask-did they consider the De Luca Factor in your decision?

[dav_marine72]

They barely considered Deluca. One of my lawyers points was it wasn't a full work up. They missed everything though. The last treatment notes quoted were 2002. The based most of the decision on my condition from 97-00 when I wasn't even connected. They of course skipped any positive evidence. From 2002 on they only talked about the two VA exams I had.

Didn't mention any VA visits in severe pain, couldn't bend at all, flare-ups, no civilian evidence with steroid injections and nerve blocks every two months, diagnosed with epidural adhesions entrapped at two nerve roots, narcotics since 2006, constant 8-10 pain, panic attacks, 2 letters from Bash, 2 letters from my Pain DR., letter from my Chiropractor / physical therapist, letter from employer saying I missed 12 weeks in 18 months due to my back, letter from neurosurgeon stating L4 nerve issue, numbness, rather advanced DDD for my age, recommended spinal stimulator implant, the list goes on. Actually doing the spinal stimulator trial on the 22nd of this month.

None of this was mentioned for the most part by the BVA first time around. I guess that's why it's going back.

[Berta]

WOW- it is unusual for the BVA to miss that much-

is VA doing the surgery you need?