Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Video Hearing

Rate this question

joeyjoeyb

Asked by joeyjoeyb,

 Share

Question

joeyjoeyb Collaborator

joeyjoeyb

Posted
Posted

Well I finally am going to have my video hearing on the 12th of Sep....It says to report at noon....kind of surprised there is not a set time.  I guess you check in and wait your turn?  Any tips I need to know about?  I am kind of nervous, but it will be nice to finally get an answer and move on.  Would love to get my claim awarded but will be nice to get some closure.  LOL

Link to comment
Share on other sites
  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

17 answers to this question

Recommended Posts

  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Do you have a VSO representing you? Unless you have witnesses it should go pretty quick. I had a personal BVA hearing with a judge and my lawyer and I just presented the evidence and a brief and that was it. No decision because you have to wait for that. If you are by yourself just answer the questions and present your evidence and arguments. How do you plan to present the case? I think I would write a brief if you can type.

Link to comment
Share on other sites
joeyjoeyb Collaborator

joeyjoeyb

Posted
  • Author
Posted

Yes I have a vso and he will be with me. I am bringing my wife as well. Not sure how to Present. I have no Other evidence. Basically I was diagnosed with sleep apnea 89 days after I retired. Nothing in smr and denied whole way. They have buddy statements dr letter and statement from wife. I cited three cases from the BVA website that mirrored mine which I hope helps. Not sure how to type up a brief. I really hope my wife's testimony will be the key to winning.

Link to comment
Share on other sites
  • In Memoriam
Stretch Grand Master

Stretch

Posted
  • In Memoriam
Posted (edited)

I had two of these a few years ago. I took my lap top. It was just my wife and I. I used up about 1 1/2 hrs. You don't really need that long. All I can say is to use an outline of what you want to discuss. Just be yourself.

There were only a few of us then and we were scheduled in line although there were three rooms for the hearing available. Judge will swere you in and explain the process. Basically the judge just listens and usually does not ask any questions. You are going to have to do the talking and make your claim. I am glad I did not take a VSO. You may be alkward getting started, but things will pan out.

Hopefully you have someone, who knows you, that can keep you on track with your outline. Good luck

Mine video hearings were sucessful.

Edited by Stretch

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites
joeyjoeyb Collaborator

joeyjoeyb

Posted
  • Author
Posted

Thanks stretch.

@john. Yes I did file a claim for sleep apnea within 1 year of retirement. I believe at 7 months when I had my initial c&p exams.

Link to comment
Share on other sites
  • HadIt.com Elder
Commander Bob Grand Master

Commander Bob

Posted
  • HadIt.com Elder
Posted (edited)

Well I finally am going to have my video hearing on the 12th of Sep....It says to report at noon....kind of surprised there is not a set time. I guess you check in and wait your turn? Any tips I need to know about? I am kind of nervous, but it will be nice to finally get an answer and move on. Would love to get my claim awarded but will be nice to get some closure. LOL

My most positive thoughts are with you, 'joeyjoeyb'.

C.B.

Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      Lebro
      Lebro earned a badge
      Week One Done
    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept