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.

[carlie]

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.

Where did this letter from above come from ?

Something here does not sound right at all.

If the BVA says they are "ready to schedule my video telecon." then the issues from

that appeal would already be past the DRO hearing or DRO DeNovoReview level.

Did you receive any SOC's / SSOC's on the issues in question ?

Do you have appeals in at different levels ?

I am editing my post here to add that - if the BVA told me they were

"ready to schedule my video telecon." I would be going for that, but that's

only what I would do.

[john999]

What Carlie is saying makes sense to me. If you are set up for video conference then I would go with that instead of kicking it back to the DRO. It is a matter of time. I don't think I read your post correctly. If you pull it back at this point and go to the DRO it will probably be another 12-18 months, and you may end up at the BVA anyway.

[justrluk]

It's from the ATL VARO. Looks like they want to show other options. Video was one they seem to focus on; they say it's quicker. They also say I can opt for a "local hearing before regional office decision-makers. We can hold this instead of a Travel Board hearing, or we can hold it in addition to a BVA hearing. However, requesting both a local and a BVA hearing may result in additional time needed to process your appeal."

[Stretch]

I had two sucessful video BVA video conferences. The option wasn't on the letter. I had to write it in.

If it catches a remand it will to the AMC and back to the VARO anyway.

[broncovet]

Most Vets advocates agree that you should elect a DRO before the BVA.

I look at it like this:

Each Veteran is given 5 unscratched lottery tickets, any one of which may be a winner. By skipping the DRO, he is throwing away an unscratched lottery ticket.

1. VARO

2. DRO

3. BVA

4 CAVC

5. Federal courts.

I always avoid hearings, because I dont hear well, and I am bound to mess it up. Others do well with hearings.

The "downside" of the DRO is that it does take time. So does everything else at the VA.

[carlie]

It's from the ATL VARO. Looks like they want to show other options. Video was one they seem to focus on; they say it's quicker. They also say I can opt for a "local hearing before regional office decision-makers. We can hold this instead of a Travel Board hearing, or we can hold it in addition to a BVA hearing. However, requesting both a local and a BVA hearing may result in additional time needed to process your appeal."

This simply is not how it works.

Can you please answer as to if you have received SOC's/ SSOC's for the issues included in your appeal.

Also, did you or a VSO submit a Form 9 - to begin your Substantive Appeal ?

Here is a link to the process for BVA :

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