Personal Hearing?

[Jayg]

This is kind of a run on to an earlier topic I posted but I am looking for opinions on some advice I received after it was well started.

Here's a much shortened version of that earlier topic...

"After the usual long wait, back in March I finally get a DRO exam. Since then, my DRO got transferred to another area. Here's the kicker. The DRO who saw me, listened to my arguments and had some input from me? Yeah, well forget it. I found out that my file is back with the "appeals development team."

More than a year's waiting, counting the wait for the DRO hearing, just flushed away.

RIGHT... BACK... TO... SQUARE,... BLOODY... ONE!!!

I have been writing Jim Strickland on this and today he advised me:

"You have the right to request a personal hearing. Were I you I would

exercise that right. Write a letter, using certified mail, and make it

clean and simple, "I request a personal hearing to review issues

related to my claim." Don't muck it all up with reasons and

statements. There will be time for that at a personal hearing.

Don't request a DRO hearing. Keep this as generic and clean as

possible. If you aren't given a reasonably prompt hearing you have

created a magnificent point of appeal.

When you have the hearing is the time to iron it all out and find out

just what's cooking."

I have great respect for Jim's knowledge but a second opinion never hurt and there's a great deal of knowledge from varied and many experiences.

So tell me what you think, (besides "Do it!")

Thanks all.

[Missouri_Vet]

I would definitely request one. In my case, I requested a hearing and it never even went to that point. They (the regional office, in my humble opinion) don't like to listen to the veteran and his problems and will do everything in their power to not have to answer all the questions that they have been ducking from the veteran. I myself asked for a formal one, not a casual one as you will have the choice. They will want to have a casual one because it suits them better. The casual ones don't even have to be recorded and they don't treat it as seriously as what I think they should. A formal one means recorders possibly video etc etc...and not in the snack room outside the formal adjudication offices like they like to give the casual ones....It also makes them know your serious about your claim. They do have the power during a formal one to award it right then. Also the same person that you would be talking to for your hearing would also be the same person who adjudicates your claim. It wont be a rater at your stage it will be the specialist. What he will do is go over your entire claim, not like the raters did originally but, will look at everything involved with your claim. The highest award 100 percent is what every veteran wants, no one would ask for a lower one. So by regulation they have to try and give you the highest possible percentage that they can. If they can't do this, the specialist will draw up what is called a "statement of case" many people receive one when they can not get the total amount 100 percent but, a partial award. This statement of case is also used for the introduction letter for the CAVC if you plan on appealing it. Which the statement of case will have all the directions on what to do if you disagree with it. I hope this helps and doesnt make it even more confusing... This was my personal experience with it, im sure that there are some more veterans that would have some things to say that happened to them with it as well.

[john999]

If given the choice between a written review of the record, and a personal hearing I would always choose the hearing. At a hearing you can present your issues and the VA man can ask questions. That give and take can get the issues straight. It is hell to wait a year and find out that an issue has been misunderstood that affects your claim in a big way. The only question I have is if you have to wait a year for a hearing wouldn't you ratehr have it from a DRO who can decide your claim rather than someone who can't decide your claim? Now if someone can show me that requesting a generic hearing is faster than a DRO hearing I might change my mind.

[Pete53]

My opinion is a Hearing is the most powerful weapon a Veteran has to get a fair shake from the VA. You can ask for one at any time and they have to give it to you.

Good Luck

[carlie]

Jayg,

As other's have said - request a hearing, keep the request simple.

Even getting one will take time though, I'd say a start of 6 months waiting for it,

but that will also depend on what VARO you're in.

jmho,

carlie

[darkhorse]

Just indicate on VA form 9 that you want a travel board hearing. You cant request a travel board hearing prior to filing a form 9 but it can be requested anytime after. The BVA travel board comes to each VARO normally a couple times a year, unless a large RO, so it just depends on when you request it and the case backload that determs how long you have to wait.

Most RO's also do Video conferance Hearings that you can request too. This isn't on the form 9 but you can request it in writing along with the submission of form 9. In this case you may get a hearing faster since you have two hearing options.

Nice thing about hearings is you get to present your case in person and also present new evidence and have witnesses present. This can be a doctor that backs up your claim or a family member that can attest to your symptoms they observe. Many denials are overturned in personal hearings.

DH

Edited September 19, 2009 by darkhorse

[carlie]

Jayg,

Unless your ready for a few more years of waiting,

since your still at the local level --

DO NOT REQUEST A BVA TRAVEL BOARD HEARING,

stay at the local level and get your hearing there first !

carlie