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Best Place To Hold Bva Appeal?

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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

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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

I would not be showing a video clip of a surgery that was not the exact same type of

surgery I had and I most likely would not show it unless it was my surgery - JMHO, others

sure may see it differently.

The BVA can either deny, remand or grant the claim issue as SC's and after that in many cases

they ship it back to your VARO to determine current level of disability - IF there is not enough

current medical evidence of record to determine an evaluation.

Also, keep in mind the issue under BVA's jurisdiction for now is . . .

SC for Skull Loss -

an evaluation percentage for SC'd Skull Loss has never as yet been granted, so . . . . .

an evaluation percentage for Skull Loss has never as yet been adjudicated, which means

(if SC for Skull Loss is granted at BVA) as there has of yet been no NOD or Form 9 submitted

on the evaluation percentage for Skull Loss - the percentage evaluation would not yet be under

BVA's jurisdiction.

Hope I got that out right - I am a bit fuzzy headed today.

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I would not be showing a video clip of a surgery that was not the exact same type of

surgery I had and I most likely would not show it unless it was my surgery - JMHO, others

sure may see it differently.

Thanks, Carlie!

I guess I could ask them if I could show the video... it is not me because they did not video my surgery, so too late for that, BUT it is the surgical procedure I had performed = mastoidectomy.

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Berta, I am going to use the CUE language to start off my Form 9 response -- I really need to get that in.

Then I am going to send a CUE letter to the Director of the W-S VARO.

My challenge will be trying to get all the evidence and SMRs copied again (esp a CD of the CT Scan which would be down in DC, 3 hours away) in the next two weeks. If I say VA has all the evidence, do I also need to send another set of copies with the CUE letter to the RO Director?.. or do you think just the CUE letter by itself would work to generate a re-look down in W-S?

THANKS A MILLION!!!

Ray

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I would point to the evidence of record - THAT IS NOT LISTED

in the evidence section of the Rating Decision (RD) / SOC and say - WHY is

this credible and probative medical medical evidence not listed

in the EVIDENCE SECTION of RD / SOC ?

This medical evidence warrants consideration !

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