Bva Question Urgent

[grent]

LOCAL VARO HAS BEEN IN TOUCH WITH ME DOOMS DAY HAS FINALLY ARRIVED!!.

LOCAL VARO WANTS TO KNOW IF I WANT A VIDEO CONF VIDEO FEED AT THE LOCAL VARO FOR MY BVA OR-------- DO I WANT A REGULAR HEARING IN WASHINGTON DC??

WHATS THE BEST WAY TO PROCEED TOWARD MY BVA HEARING. THEY TOLD ME VIDEO CONFERENCES ONLY HELD ONCE A YEAR.

. THE VARO TOLD ME VIDEO CONF AT THE VARO WOULD " SPEED THE PROCESS UP" WHAT HAPPENS IF I AM DENIED? AFTER THIS?

MY LAWYER DOES NOT CLUE ME IN ON ANYTHING AND IM TO FAR DOWN THE ROAD NOW TO SWITCH LAWYERS.

ANY RECOMMENDATIONS HERE WOULD BE GREATLY APPRECIATED.

THX

GRT

[carlie]

LOCAL VARO HAS BEEN IN TOUCH WITH ME DOOMS DAY HAS FINALLY ARRIVED!!.

LOCAL VARO WANTS TO KNOW IF I WANT A VIDEO CONF VIDEO FEED AT THE LOCAL VARO FOR MY BVA OR-------- DO I WANT A REGULAR HEARING IN WASHINGTON DC??

grent - you more likely than not will still have quite a wait for "DOOMS DAY".

If this is only the "local VARO" contacting you, they are probably getting your c-file ready

to certify and transfer to the BVA.

WHATS THE BEST WAY TO PROCEED TOWARD MY BVA HEARING. THEY TOLD ME VIDEO CONFERENCES ONLY HELD ONCE A YEAR.

THE VARO TOLD ME VIDEO CONF AT THE VARO WOULD " SPEED THE PROCESS UP"

In regards to a BVA Hearing, there are actually 3 options for you:

1) A Video Conference Hearing can be scheduled to be held at your VARO.

You and your rep would be at your VARO and have a live video hearing with the BVA ALJ,

who would be in Washington.

2) A BVA Travel Board Hearing. This is where a BVA Hearing would be scheduled for you

to have a hearing in-person, face to face with a BVA ALJ that travels from Washington to the

physical VARO's and holds formal Hearings.

3) A BVA Hearing in Washington with the ALJ, where a Hearing is scheduled and you physically travel

to Washington.

I believe you would be liable for all of your own expenses either way you choose

and if you physically went to Washington for a Hearing, I have no idea if your lawyer

would travel to attend this with you - I doubt they would.

Also, is your lawyer close to you physically or in another area ?

Here's a link to some easy to understand information on Appeals and Hearings.

http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

WHAT HAPPENS IF I AM DENIED? AFTER THIS?

You have, I believe 120 days to appeal to the Court level or let it go so the decision becomes final

and then you can re-open with N&M evidence.

MY LAWYER DOES NOT CLUE ME IN ON ANYTHING AND IM TO FAR DOWN THE ROAD NOW TO SWITCH LAWYERS.

I thought you already terminated the agreement and notified VBA ?

JMHO

[Berta]

I am with Carlie as I cannot tell if you have a lawyer or not and if you do have a lawyer they should be the one to ask what is best way to proceed.

To me Doomsday is synonymous with not providing the VA with ample medical evidence that is probative enough to warrant an award.The claim will continue to fail.

As much as I criticize the VA there is one facet of the claims process that makes common sense.

A rater must have ample medical evidence and/or proof of a nexus to justify making an award.

[broncovet]

Agreed. You need to decide if you can afford to travel to Washington DC or not. If you have the money, and want to go see the Smithsonian, Washington Monumnet, Lincoln Memorial, etc., then go. I can tell you that if you can afford it, the Smithsonian is worth the trip. While I have not been recently, the Smithsonian did have things like moon rocks (real), the Hope Diamond, and many many things like that. If there is one in the world, there is a good chance its at the Smithsonian. It is a world class museum of no equal. Nothing else is really even close. You can easily spend a week at the Smithsonian and not see it all. I was stationed at DC for 3 years, about well, I wont say how long ago, and visited Smithsonian many times.

However, if you cant afford the trip, then do a video conference hearing.

I have no idea how far it is to your VARO.

IN my town, these hearings are sometimes held locally, at the county VSO's office, if the Veteran can not afford the trip to the Regional Office, which is about 200 miles from here. Of course, that is closer than Wash. DC., which is about 470 miles from here.

[vetwife]

You can also have the BVA adjudicate without a hearing. We did not request a hearing, and let the evidence speak for it self.

In my husbands case, it was very clear & our RO was very unjust in their denials.

The BVA granted 2 claims and remanded some others.

Though most will agree a hearing is best , it is not something you have to do. Just so you know there is that option.

[john999]

I had a traveling board with the BVA. My lawyer was there with me and submitted a brief. The so-called hearing was over in 15 minutes. It took me about 9 months to get the hearing and about another 4-6 months to get the decision. I was denied so we appealed to the court. Since I began the process in 2006 at the RO it is now 2011. This gives you a time frame for a claim to travel from RO/DRO/BVA/Court. At some point my claim may be remanded back to the BVA and it will start all over again. It may go back to the RO eventually having been to the top of Mt Everest and back. I would take the traveling board as long as your lawyer is going to be there with you and submit a brief. If your lawyer will not answer your calls or respond to you then you need a new one. Your lawyer needs to be right on top of this all the way.