I Will Attend That March 6Th Bva Hearing!

[Commander Bob]

Here are a few emails I exchanged with my NSO Rep last Thursday & Friday.

Dear MOPH NSO,

What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc.

He emails back;

"Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc.

So I email back :

I am sorry to hear you are not going to be in town and represent me at my BVA hearing.

As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc.

Cmdr. Bob

P.S. Well, at least the weather forecasts a beautiful clear and

cool day!!! Thank God for small miracles...

Edited March 2, 2013 by Commander Bob

[Commander Bob]

Bob

If you have your records(C-File) see if you can get a real lawyer. A lawyer can at least protect your rights if you have to go to the CAVC. I had a traveling BVA judge and all he did was in-take. My lawyer presented a well thought-out brief. The judge was not ready for that and was very unused to dealing with a real lawyer. Once it gets past BVA you can't present new evidence, but it all becomes legal arguments at CAVC. The BVA judge was probably afraid you would say you did not have representation at the hearing so he refused to do it. That is new because they used to just roll over vets who did it pro se.

John

Yes, John. you are so right about getting a lawyer. Thanks for the direction.

After trying to work this out in a non-adversarial manner, I have no alternative, but to find a good lawyer, who is really willing to help.

Best wishes,

Bob

Edited March 9, 2013 by Commander Bob

[Commander Bob]

Did they say May 11th . . .

of what year : - )

Well, it looks like you were on target, Carlie. I had a case of deja vu all over again, yesterday. I found out that the rescheduled BVA hearing notice had an error. A clarification of the date is required because no month for the BVA hearing was indicated in the letter.

On Wednesday, at the end of the BVA fiasco, I was so stressed, and I left that place in such a hurry, I did not even open the VARO envelope until yesterday, and discovered their mistake. So, I had go back to the VARO and resubmit the paperwork. Now, I have to wait again, until they get back to me. It's beginning to feel like Groundhog Day!!

Your understanding and support is truly appreciated.

C.B.

Edited March 9, 2013 by Commander Bob

[deanbrt]

I understand having to show up that day. I just would not have fought the reschedule when it was offered.

[Commander Bob]

I understand having to show up that day. I just would not have fought the reschedule when it was offered.

Yes, deanbrt, I understand. However, when the reschedule was first offered, before my visit to the BVA judge, they were just going to put me on the bottom of the pile, and "notify me at a later date. "

I walked out of there with a solid re-hearing date. Big difference, my friend.

Thanks for your interest and support.

Bob

Edited March 9, 2013 by Commander Bob

[Slowlane]

"The place just triggered my PTSD when ever I got near it"

[Pete53]

Good Luck I am in your corner.