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ptsd Bva Central Office Hearing In Dc
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GuaymasJim
After being jerked around and ignored by the RO in Houston, we have finally gotten the veteran's appeal certified and transferred to BVA in DC. His C-File is in DC. We have the Dear Appellant letter and have confirmed the C-File location. With all the inaccurate and misleading information we have received from RO Houston, this has been the most frustrating experience imaginable. Now, there does seem to be some light at the end of the tunnel.
Someone on hadit asked about hearings being scheduled faster at Central Office. The hearing hasn't been scheduled yet, BUT we have been told that the BVA is scheduling about 6-7 months ahead. It APPEARS that CO hearings are scheduled much quicker. The BVA staff have repeatedly confirmed this. They have also been very helpful and supportive! The BVA phone is always answered. If the first person doesn't know the answer to our questions, they usually put someone on the line who does know the answer. Quite a pleasant change from the horrible anti-veteran attitude at Houston RO!!!!!!
Our questions:
(1) Will I be allowed to assist the veteran during the hearing if I am not his POA or do I have to be appointed on the one time appointment? Veteran does not have a POA.
(2) How much time is allowed for a hearing? an hour? two hours?
(3) Who actually determines the pace and format of the hearing? Veteran presents evidence/arguments OR Hearing officer asks questions
(4) Are attorneys and/or service officers available in DC to help? Again, veteran does not have a current POA.
The last, and probably the most important, question concerns the RO letter to the veteran informing him that his appeal had been "certified" to the BVA and records were being transferred to "the Board of Veteran' Appeals in Washington, D.C." also states:
"Under the Board's Rules of Practice, you have 90 dates from the date of this letter, or until the Board issues its decision in your case, whichever comes first, to do any of the following: 1. Ask for hearing 2.Send additional evidence. 3. Appoint or change representative.
Do we just start sending in the additional evidence--NOW? The deadlines seem strange. We have asked for in-person hearing but it will more than likely not happen within 90 days of the letter dated 02/14/2011. The veteran has waived RO review/consideration of additional evidence. It will be months before the actual hearing takes place. The additional evidence we have are multiple VA Progress Notes containing numerous PTSD dx's from his two (2) VA mental health providers (one psychiatrist MD and one psychologist PhD). He will have additional Progress Notes containing more PTSD dx's right up to and after the hearing. Does the window for submitting additional evidence close at 90 days and then open again at the hearing?
The veteran qualifies for SC PTSD under both the new and the old PTSD rules. He has received SSDI based solely on the evidence in his VA C-File since 2004.
Any input would be greatly appreciated!
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