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Elected A Bva Travel Hearing

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jtg1966

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jtg1966 Contributor

jtg1966

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eleceted a BVA travel hearing at the end of JANURARY 09. as i mentioned here before, the RO never acquired my inpatient SMR's nor records from private medical facilities...well they have them now...and my c-file has been brokered to the waco, tx RO for the purposes of adjudicating my claim...sooooo, the question is this....why did they broker my claim to another RO?

now i did find a fast letter fl09-006 that says that the va has established two Appeal Resource Center's to fast track appeals...one in waco and one in seattle...

anybody had any experience with the two ARC's?

i have attached the pdf of the fast letter.....

FL09_006.pdf

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john999 Grand Master

john999

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Do you have a lawyer representing you at the BVA hearing? BVA hearings are usually where the rubber meets the road. This is probably your best shot at winning your claim.

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jtg1966 Contributor

jtg1966

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no i don't have a lawyer as yet...i've spoken to a few and they want to do a contingency agreement for 40% of the back pay....that seems a bit much for representation....i think the $10.00 cap was a good thing (wink,nudge)

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john999 Grand Master

john999

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60% of something is better than 100% of nothing. It depends how complicated your claim turns out to be. If there is going to be debate about when records were in front of the VA and a fight over retro a lawyer might help you get a big pay day. You say the VA has your in-patient and private records now. The question might be did they have a duty to have those records earlier? How long has your claim been on appeal? Did you have a claim denied as a final decision earlier due to the VA not having your records? Is anyone representing you at the hearing or just yourself?

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jtg1966 Contributor

jtg1966

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yes i understand that the legal representation might just be worth 60% of something...

yes they did have an obligation to have those records earlier...as early as 1989 (when i was first SC for asthma and ulner nerve entrapment) i would think...but i didn't put in a claim for an acquired psych disorder until 1995, and yes it was denied because of the missing records...especially the missing SMR's....

but then i'm counting on vigil v. peake ... ie. 38 cfr 3.156c for the VA to pay me back to the original claim date...

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Pete53 Grand Master

Pete53

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Waco used to be a nightmare but in my opinion has turned the corner and does pretty good bye Veterans.

Veterans deserve real choice for their health care.

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