Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Best Place To Hold Bva Appeal?

Rate this question


Raybob

Question

I am in the process of completing my VA Form 9 to do a BVA Appeal of a claim.

My questions for the group are:

1. Would it be worthwhile to do my BVA Hearing at the Philly VARO which is about an hour away from me? Or would it be better just to go have my hearing in Washington DC which is 3 hours away from me? I know there is no compensation to travel to the hearing location. I am not in a big hurry -- it probably wont affect my overall comp rating of 90%. But having to only drive 2 hours roundtrip is certainly better than 6+ going into DC!

2. Do you think it will be OK to get Am. Leg. involved after I send in my Form 9. I need to get the Form 9 sent now since it has already been 30 days. I plan to send in, and then go to Am.Leg. to ask for assitance with the hearing. They are at the Philly VARO so its hard to go to them frequently to review paperwork, etc. I think my Form 9 is pretty clear to justify the request for BVA hearing.

3. I need to send the Form 9 in now to continue my claim, but I noticed at the bottom of the instructions that I might also be able to request a hearing at the Philly VARO in addition to filing the Form 9 to request a BVA hearing. I'm thinking the VARO hearing might be able to be processed faster than than the "out of DC" BVA hearing and it just might get me what I need. Is it possible to "double dip?" Any suggestions on that?

Thanks for any suggestions --- and especially for the many benefits this forum provides!

Cheers,

Raybob

Link to comment
Share on other sites

  • Answers 23
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

The site wouldnt let me post.....

with a copy from the download.

What evidence did you send to them that complied with the VCAA letter?

Has the VA ever made a statement that they didnt consider you for a schedular 100%?

Did they say why?

Link to comment
Share on other sites

As you said, Berta, this gets complicated.

I replied back that I had sent them all my evidence when I replied to the VCAA letter which was from VA's 2/14/2011 request.

I had sent them all the evidence I had available (sent 12/27/2010 a copy of which is attached)... patricularly relying on the CT Scan and medical records from my surgeon identifying the skull loss and its measurements. I also sent them a CD containing the CT scans.

All that was sent to them in December 2010, but they don't seem to include the information in the list of evidence directly -- at least they dont cite that they recieved a CT scan (which should have superceeded the Jan 2010 X-ray). Also, the evidence list does not cite the C&P exam I received for this claim on 3/2/2011 and in those progress notes the examining VA doctor confirmed the skull loss. That doctor reterated the same words from my surgeon on using a drilol to cut the skull and also cited my surgeon's notes and discussion with the radiologist who performed the CT scan and identified the skull loss and approxximate area.

SCN_0002.pdf

Link to comment
Share on other sites

Berta: "Has the VA ever made a statement that they didnt consider you for a schedular 100%? Did they say why?"

Reply: They have never made that statement as far as I knew... I really am not aware of what you are asking, so I am assuming it has never been discussed with me.

Ray

Link to comment
Share on other sites

I am going to send in my Form 9 tomorrow using the wording I have above (posted on 19 Feb 1:15pm). Just need to get that in before my appeal time runs out and to get that ball rolling. Have decided to ask for a hearing in DC rather than at my local VARO.

Then, after my form 9 has been acknowledged, I plan to send a CUE letter to the attention of the SOC "Reply To" addressee citing all of the evidence submitted to VA that supports my claim, but is not included in the SOC... maybe something will be changed in my favor prior to any scheduled hearing date.

If their "hard, objective" evidence is only an Xray taken in Jan 2010, and I had:

1. a second surgery with SMRs indicating additional drilling of the skull in May 2010 (while still on active duty) (sent to VA in Dec 2010), and

2. a CT Scan performed at my military hospital and a statement in my SMRs from my surgeon confirming skull loss in Aug 2010 (sent to the VA in Dec 2010), and

3. a C&P exam at my local VAMC confirming skull loss in Mar 2011...

and none of the three items listed above are listed in the evidence, then maybe I stand a chance to get things corrected or at least have VA perform another Xray or CT scan to verify my claim.

Cheers,

Ray

Link to comment
Share on other sites

I did the video conference at the VARO and it worked out for me. Remand. Too expensive to go to Washington and it would have taken another year+ for the traveling board.

I wish I could do the video. The reasons I am choosing a face-to-face with someone are: (1) one can physically see the indented area of my skull where they covered the hole with muscle tissue - may be hard to show that on video; Also, I will have my laptop and will show (2) the CT Scan images where the skull loss is visible and (3) a video clip of mastoidectomy surgery (not mine) which shows how they use a drill to remove the skull bone to access the mastoid area to access the middle ear.

Hoping all that helps.

So I have a question... does the BVA hearing only remand back to the VARO, or can they award a rating? I guess I thought they could award and I wouldn't have to go thru the un-responsive VARO again...

Cheers,

Ray

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use