Should I Waive The Bva Hearing?

[justrluk]

I've been searching the forums and can't quite seem to pin this down:

I received a letter confirming that the BVA was ready to schedule my video telecon. At the bottom of the letter were checkboxes. 1. Appear in person. 2. Have the requested traveling board. 3. Switch to a video telecon (thought I had already requested this change) 4. Waive the hearing all together and have the case reviewed.

I'm considering option 4. Things are getting worse, and if this is approved (they rated me at 40% for knees, reduced to 20% due to it being a pre-existing condition .... it's NOT; occurred while in service), it could push me to 100% schedular. In short, I have a lot riding on the outcome of this decision, but sooner would be better than later.

Has anyone else out there done this? If so, what were your results? Any help would really be helpful.

[john999]

I had a traveling board. It did not make any difference to my claim. I have always believed that seeing people face-to-face is the best bet. My traveling board did not take any longer than a regular BVA review. If I had a lot riding on my claim I would get a lawyer and do the traveling board.

[justrluk]

I had a traveling board. It did not make any difference to my claim. I have always believed that seeing people face-to-face is the best bet. My traveling board did not take any longer than a regular BVA review. If I had a lot riding on my claim I would get a lawyer and do the traveling board.

John -

Thanks for looking at this. This is really important to me, but seeing how much time things are taking, I really could use this issue being completed. What were your results? Were they in your favor??

Thanks!

[john999]

No, I lost and went to the VA Court of Appeals. Both the lawyer and me thought we had a very good claim. BVA choked on the amount of potential retro. You really can't speed these things up because even a clerical error can send your claim back via a remand. You have to have the best representation and evidence possible and then you have to wait. I suppose if you believe your BVA claim is a slam/dunk then just get the review. I have never had a claim that was a slam/dunk even the ones that should have been. I like to look these bastards in the eye when I present evidence. My lawyer feels the same way.

[justrluk]

No, I lost and went to the VA Court of Appeals. Both the lawyer and me thought we had a very good claim. BVA choked on the amount of potential retro. You really can't speed these things up because even a clerical error can send your claim back via a remand. You have to have the best representation and evidence possible and then you have to wait. I suppose if you believe your BVA claim is a slam/dunk then just get the review. I have never had a claim that was a slam/dunk even the ones that should have been. I like to look these bastards in the eye when I present evidence. My lawyer feels the same way.

John,

Thanks for the input. I'm taking your advice, although now that I read the letter, it says I can opt for a DRO review and to let them know if I want this instead of the BVA route. Any ideas?? (again, many thanks!)

[john999]

I would ask for the DRO Hearing. If you lose at the DRO you can still appeal to the BVA. I always use up all local appeals before I go to the BVA. To me the BVA is a black hole just like the VARO. Their decisions can be just as bad as the VARO.

[justrluk]

John,

Thanks again for your inputs. I've already contacted my VSO and requested the DRO hearing option, with the VBA in my hip pocket. Let's see where we go from here. I'm running at 2 years, 7 months and 19 days (not that I'm counting).