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Help Needed Bva Hearing Next Month


ladypoetry85
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Peace and wellness

My case is finally going to the BVA next month. I could really need some help with obtaining a template of how to prepare my brief that will get me what I need. I would appreciate your and any of the other hadits members help.

The issues of the appeal that I need the most help with are

worsening of condition for ptsd, major depression,anxiety, and the reduction of 100% P&T, and unempoyability. If I could get the template/guide I could use it to apply to the other issues on appeal.

If you can assist me contact me through my email here and or my email address.

Also, I have a couple of questions

1. I have 5 appeals that were supposed to be sent to the BVA.

In October 2008. I received a letter from the VA saying that I did not have any appeals on file. I have proof that the VA received all of the appeals because I either sent them via certified return receipt mail, or I took them in person and had them hand stamped by the VA. Jan 6, I received a letter from the RO that my file was being sent to the BVA and all of my prior cases had been closed. They are trying to say that I didnt file any previous appeals but this is not true because I have copies of them.Now I received a statement of the case in August 2008 denying all of the issues that had been denied in 2004, when I filed my original claim.For the past four years, they have continously sent me back for C*P for the same issues from the original claim that they have continously denied for over 4 years. All of which I filed appeals.

How did the BVA certify my appeal and not see that and question it?

2. I received the 90 day letter Letter of certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I recevied the letter from the BVA in DC telling me that they received my appeal from the RO and on Jan.29,2009(postmarked)that my BVA hearing is scheduled for the March 18, 2009.

Is that fast are what?

My regional office never gave me any notification that my case was in the process of being certifieed. I wrote letters on all of my appeals that I wanted to review my claim before they sent them forward this did not happen. If I understand the regulations, my POA, attorney, and or in this case me should have received written notifuacation(at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days and if no reply then forward a second notice and if no notice send the appeal forward. Please correct me if I am wrong. This did not happen.

THE SINISTER PART IS THAT THEY WROTE ME A LETTER IN OCTOBER 2008, AFTER THEY RECIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004 AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. NOW ACCORDING TO THE AUDGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT A APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. NOW HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUG STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECIEVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL(That the RO says doesnt exsit and my case is closed) and have a BVA hearing next month.

Please forgive me using caps. My eyesight is bad. B) Your assistance would be greatly appreciated

Thanks

Ladypoetry

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  • HadIt.com Elder

Good Luck and I have had a similar ewxperience of VA telling me that they did not get an appeal on time when I had a hearing on it just 3 months prior to my NOD and Form 9 filled out.

I guess the best way is to build a folder that shows the dates and times and than right a cover letter to refer to the proper documentation and the VA erors or omissions.

Good Luck

PS You can use caps I have similar eyesight problems till I got better glasses by going outside the VA. Also if you use Firefox Browser you can make screens bigger by hitting control plus or explorer you look at View and click on larger font.

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Peace and wellness

My case is finally going to the BVA next month.

1) Has you case been certified and transfered to BVA from the RO yet ?

2) Is your BVA hearing going to be in person or a video hearing ?

3) Have you been provided a date for the hearing yet ?

I could really need some help with obtaining a template of how to prepare my brief that will get me what I need. I would appreciate your and any of the other hadits members help.

The issues of the appeal that I need the most help with are

worsening of condition for ptsd, major depression,anxiety, and the reduction of 100% P&T, and unempoyability. If I could get the template/guide I could use it to apply to the other issues on appeal.

1) What date were you granted 100 % P&T, unemployability?

2) For what disabilities ?

3) Have you been employed ANY, since that date?

4) Did your recieve a notice of proposal to terminate 100%, P&T and

a rating for unemployability ?

5) If yes - did you attend an in person VARO hearing for this ?

6) Was the compensation for these issues terminated ?

7) If yes, what did VARO list in the Reasons and Bases Section

for the termination of this compensation ?

If you can assist me contact me through my email here and or my email address.

Also, I have a couple of questions

1. I have 5 appeals that were supposed to be sent to the BVA.

In October 2008. I received a letter from the VA saying that I did not have any appeals on file. I have proof that the VA received all of the appeals because I either sent them via certified return receipt mail, or I took them in person and had them hand stamped by the VA. Jan 6, I received a letter from the RO that my file was being sent to the BVA and all of my prior cases had been closed. They are trying to say that I didnt file any previous appeals but this is not true because I have copies of them.Now I received a statement of the case in August 2008 denying all of the issues that had been denied in 2004, when I filed my original claim.For the past four years, they have continously sent me back for C*P for the same issues from the original claim that they have continously denied for over 4 years. All of which I filed appeals.

How did the BVA certify my appeal and not see that and question it?

The BVA does not certify your appeal to them - the VARO certifies

the appeal and then transfers it to BVA.

2. I received the 90 day letter Letter of certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I recevied the letter from the BVA in DC telling me that they received my appeal from the RO and on Jan.29,2009(postmarked)that my BVA hearing is scheduled for the March 18, 2009.

Is that fast are what?

That is extremely fast. If BVA does in fact have your appeal, I

would immediately make copies to send BVA showing the issues that you claimed, the denials from VARO, the NOD's you sent and the rating decisions, SOC's and/or SSOC's that continued the denied decisions.

If not the BVA will state, these issues have not yet been ruled on by the VARO and are not under their jurisdiction,

All of those issues will be remanded back to the VARO or possibly the AMC, as the BVA will states they are not under their jurisdiction.

You can send information to the BVA prior to your hearing and you can continue to present evidence at your hearing. If the information and/or evidence has not been used at the VARO you will need to fill out and sign a waiver that you state VARO doesn't have to consider this info, but BVA will consider it.

My regional office never gave me any notification that my case was in the process of being certifieed. I wrote letters on all of my appeals that I wanted to review my claim before they sent them forward this did not happen. If I understand the regulations, my POA, attorney, and or in this case me should have received written notifuacation(at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days and if no reply then forward a second notice and if no notice send the appeal forward. Please correct me if I am wrong. This did not happen.

THE SINISTER PART IS THAT THEY WROTE ME A LETTER IN OCTOBER 2008, AFTER THEY RECIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004 AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. NOW ACCORDING TO THE AUDGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT A APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. NOW HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUG STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECIEVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL(That the RO says doesnt exsit and my case is closed) and have a BVA hearing next month.

Please forgive me using caps. My eyesight is bad. B) Your assistance would be greatly appreciated

Thanks

Ladypoetry

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"The VBA M21-1 MR states that they have 10 days and if no reply then forward a second notice and if no notice send the appeal forward. Please correct me if I am wrong. This did not happen."

Do you have the actual citation or the Part of M21-1 where that statement is?

The hearing is obviously due to receipt of one of your I-9 formal appeal forms.

What disability denial was that specific appeal form based on?

"Now I received a statement of the case in August 2008 denying all of the issues that had been denied in 2004, when I filed my original claim"

Did any more I-9 forms come with this decision?

"My case is finally going to the BVA next month. I could really need some help with obtaining a template of how to prepare my brief that will get me what I need. I would appreciate your and any of the other hadits members help."

Did the formal I-9 you sent to them (I am assuming it was for only the issue(s) in the initial denial)

state emphatically what you want and why their denial was wrong?

Did you fully comply with heir VCAA letter?

Did you state in the I-9 any errors of fact in the VCAA letter?

Did you state and describe all of the evidence that you had sent to the VARO -on the I-9 form (or attached to it)?

I would think your attorney might prepare a brief to support the I-9 -I never prepared a brief after I filed my I-9.

I fit into the small part of page one of the I-9 form what I wanted and why the RO decision was wrong.Also I stated my VCAA rights were violated and also that None of the attached evidence (submitted many times to the RO) had ever been considered by the RO at all.

I then expanded on it all in additional pages, and re-sent the IMOS and copies of the pertinent additional evidence that the RO had ignored.

I would think your attorney would file either a brief or an addendum if he/she discovered any VCAA errors that could have prejudiced your claim and could highlight your evidence in this brief or addendum.

Maybe I misunderstood this-

if you mean to prepare for the hearing-

will your lawyer be present at this hearing?

The best way to prepare for BVA hearings-in my opinion- is to make sure you have the decision with you being appealed, all of the evidence copies, and that you keep them on track as to how they considered the evidence and why they were wrong in the denial.

If they ignored some of it -that is a point uyou must raise at the hearing.

# by 5 flash cards can be a big help at a hearing and see if someone will go with you- if your attorney wont be there-

this person can hold your files and hand them to you as needed-

they could be tabbed as to Decision appealed, then evidence files- if there is a lot of evidence I suggest putting each piece in a separate file-

then make a list for yourself and the VA as to what evidence you have in those files.Like Exhibit A SOC being appealed, Exhibit B- medical report of --2008, Exhibit C-

buddy statement from ----- dated ---.etc

Have you discussed preparing a brief with your POA attorney yet?

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Lady Poet,

Yes, I can give you information on an excellent resource that will give you a "template of how to prepare my brief that will get me what I need" for the BVA.

In his book, CLAIM DENIED, John D. Roche, a former VA DRO and later veteran's advocate, devotes the entire last third of his book to building a hearing book for your hearing. He takes you step by step on what to write, how to say it, and how to set the book up with the appropriate supporting evidence.

You can purchase the book for $11.02 + $5.00 s/h from Potomac Books, Inc. Here's a link for "Claim Denied":

http://www.potomacbooksinc.com/Books/BookD...roductID=153768

Also, chapter 17.14 of the 2008 Veteran's Benefit Manual (VBM) discusses Personal Hearing and Oral Arguments. The VBM is a spendy book ($135) however, IMHO, since it gives you the information you need to win your claim it is well worth it. I bought one each year I was working my claim and always found it to be beneficial. Here's a link to the VBM:

http://www.lexisnexis.com/veteranslaw/maninfo.asp

Since there may be someone else reading this thread who is not as far as long in the process I am going to cut/paste the resource information from my previous thread in here as well. I personally don't like it when folks refer to other threads because I can easily get lost in the cyber world. I hope the above information is helpful to you. The Claim Denied book is inexpensive and a very good resource.

Good luck w/ your claim and keep us posted on your progress,

TS Snave (who also wears bifocals)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

Original resource thread can be found here:

http://www.hadit.com/forums/index.php?show...c=23487&hl=

I have waited for over a year for "Claim Denied" by John D. Roche to hit the presses and it has finally been published and is well worth the wait. When I had an active claim I read his other book, "The Veteran's Survivial Guide" and found it very helpful. In previewing his current book about the appeals process I have found a couple great court cases that I was unaware of (always nice to be informed and have information locked and loaded in case you ever need it).

John is a former VA rater and he gives you the low down on how to win your claim from an insider's perspective. I can't recall if he is a vet himself or not but he is a straight shooter and knows the VA.

You can purchase the book for $11.02 + $5.00 s/h from Potomac Books, Inc.

Here's a link for "Claim Denied":

http://www.potomacbooksinc.com/Books/BookD...roductID=153768

If you are earlier in the claims process (before any appeals) here's the link to his first book, "The Veteran's Survival Guide" that also costs $11.02 (not sure what the combined s/h would be):

http://www.potomacbooksinc.com/Books/BookD...productID=50509

One thing I liked a lot about both of his books is they are small, easy to understand books. When I had an active claim I also purchased the Veteran's Benefits Manual (VBM), which is invaluable when you're dealing with the VA. You can also buy it on CD which is great when you want to look stuff up and print it off. However, the VBM is huge and can be intimidating when you are just starting out (or it was for me, anyway), plus, at $135 it is expensive. However, having said that, I highly recommend the VBM as well.

Here's the link to just the VBM:

http://www.lexisnexis.com/veteranslaw/maninfo.asp

They also have some discounts for sets. I don't see the set I usually get which is the VBM book, VBM CD, and Federal law book. I hope in their marketing to lawyers they don't stop selling that particular set. When I was doing my claim I bought the forms CD but unless you are helping a lot of folks do claims I didn't use it enough to make it worth the cost (my opinion - others may feel differently - at least it helps you make sure you fill out all the right blanks). Here is a link for sets:

http://www.lexisnexis.com/veteranslaw/moneysaver.asp

While I am listing my favorite resources, for those who haven't heard of it before, the NVLSP folks who produce the VBM also have a more or less quarterly newsletter that covers recent VA court cases. They have gone to an online newsletter and have had some trouble getting the issues out on time (I'm still waiting for the 2008 Q4 issue) but despite all that, it is a very good resource as well, though again, rather spendy ($40 for back issues, $60/yr if you get two years, and $80/yr if you only get a one year subscription):

http://www.nvlsp.org/Publications/Bookstor...ansadvocate.htm

As I've mentioned before, you can always ask your local library if they can get these resources in their catalog which would make them available to you and other veterans in your community at no charge.

My thanks, once again, for the long term members of this board who told me about the VBM and The Advocate years ago. I like to occasionally post these resources on the board for newer members who may not have heard about them before because they were so helpful to me when I was working my claim.

Happy New Year and God Bless you all,

TS Snave

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WOW thanks TS-

I couldnt find BVA hearing info in his other book-

The Survival Guide- maybe Amazon has his new book too-

Lady Poetry- make sure since your lawyer will be getting 20% if you succeed-(unless he/she is pro bono)- to have their input here too on that brief (so that they earn their potential fee.) B)

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  • HadIt.com Elder

Ladypoetry85

Feb 5 2009

Dear Lady, I have edited your post for clarity on the Issues and time-line. If I have made any mistakes, please tell me! Some feedback (below). ~Wings

Lady Poetry's case is finally going to the BVA next month.

Issues on Appeal

1. Worsening of PTSD, Major Depression, Anxiety

2. Reduction of 100% P&T, and Unempoyability.

Questions:

1. I have 5 Appeals that were supposed to be sent to the BVA.

You mean Notice of Disagreements (NOD)?

August 2008

I received a Statement of the Case (SOC), August 2008, denying all of the issues that were denied in 2004 (when I filed my original claim).

For the past four years, they have continuously sent me back for C&P Exams for the same issues in the original claim that they have continuously denied for over 4 years. All of which I filed Appeals. How did the BVA certify my appeal and not see that and question it?

October 2008

I received a letter from the VA saying that I did not have any appeals on file. But I have proof that the RO received all of my Appeals because I either sent them Certified Mail, or took them in person, and had them hand stamped by the VA.

January 6, 2009

I received a Letter from the RO, that my file was being sent to the BVA.

This Letter also stated that all of my prior cases had been closed.

I received the 90-day Letter of Certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I received a Letter from the BVA in DC, telling me that they received my Appeal from the RO on January 29, 2009 (postmarked), and that my BVA hearing is scheduled for the March 18, 2009.

They are trying to say that I didn’t file any previous Appeals, but this is not true because I have copies of them. My RO never gave me any notification that my case was in the process of being certified. I wrote letters on all of my Appeals that I wanted to review my claim before they sent them forward, but this did not happen. If I understand the regulations, I should have received written notification (at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days, and if no reply then forward a second notice and if no notice, send the appeal forward. Please correct me if I am wrong. This did not happen.

THE SINISTER PART IS THAT THEY WROTE ME A LETTER IN OCTOBER 2008 (AFTER THEY RECEIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004) AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. ACCORDING TO THE AUGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT AN APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUGUST STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECEIVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL (That the RO says doesn’t exist and my case is closed) and have a BVA hearing next month.

Lady Poetry, The good and the bad. First of all, be glad you are finally getting to the BVA, because your claim sounds really FUBAR at the VARO. Since your claim is going to the BVA, and they have Certified your Appeal, and they have listed your Issues accordingly, be glad you are moving in the right direction.

If you have copies of all of your "appeals" (do you mean to say "notice of disagreements), you should send them to the BVA as soon as possible.

Since you have been getting C&P Exams, you need to find out if the BVA has those on record.

Sounds like you better start sending duplicates from your C-File if you have them, or "Brief" the BVA, that the RO has medical evidence that they may or may not have sent with your Appeal.

Whenever you send additional evidence or briefs (arguments, letters, comments, etc) to the BVA now, you have to sign a "waiver" that you DO NOT want the RO to reconsider any of your duplicate evidence. That you belive the RO is spoiling your case by not allowing you to examine your C-File, etc.

I'm still thinking, others will chime in!! ~Wings

Edited by Wings
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