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]

Traveling BVA judge refused to hear the case, Yesterday... He said my Rep. has to be there with me., VARO rescheduled it to May 11th...

Thanks for all your support and insights. I'll keep you posted.

C.B.

[carlie]

Traveling BVA judge refused to hear the case, Yesterday... He said my Rep. has to be there with me., VARO rescheduled it to May 11th...

Thanks for all your support and insights. I'll keep you posted.

C.B.

Did they say May 11th . . .

of what year : - )

[Commander Bob]

Did they say May 11th . . .

of what year : - )

LOL, carlie. Funny you should ask... Well the day wasn't a complete washout. I did get the May 11th do-over date.

The VARO's, 'Traveling BVA', coordinator knew that my poor NSO rep was out of town, sick as a dog, & freezing his azz off in a blizzard in DC. Maybe they were lunch buddies, or something. After all it is just one big happy family at a VARO.

Well he must of asked me if I wanted to reschedule the hearing about a half a dozen times as he took me down the hall to the little conference room the BVA judge was using. I declined the reschedule, and was determined to have my case heard, after waiting almost 5 years. The Judge didn't want to hear the case without my rep being present, and thats when he said, he " didn't want to waste his time with this today"... I politely and respectfully went off on the Bastard. I said. ..."and what about the veterans time?" I explained how the wait is very stressful, and is literally killing some vets. suicide, etc. etc. I mentioned how blazay he came off and how adversarial he came off. etc...

After that, the VARO supervisor went in the back and came out with a new "Notice to appear letter" for May 11th..

I found no friendly, helpful faces behind that BVA hearing desk, that morning. Needless to say, I'm searching for a "Philadelphia (type) Lawyer", as we speak.

This strengthens my resolve... No matter how hard they try, "I will not go quietly into the night."...

C.B.

Edited March 8, 2013 by Commander Bob

[john999]

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

[deanbrt]

BVA is your best shot. You can go to CAVC and the best I think is that you will get a remand back to BVA. May 11th was not that far away and I thought going into that review without any rep was a mistake and you should not have fought the reschedule..

With that said, I went through a BVA video hearing years ago and my DAV rep was worthless. So I did it all on my own at the hearing. But I told myself going in just tell the truth and keep your answers concise and be polite and not argumentative. I was remanded. It took me years after that to win but it set the stage.

Again, having been through it all I don't think you should have pushed the other day.If you are going to win I think it will be at BVA. I know others may disagree and you have to filter all us and make your own decision.

I think ou need to go to that May 11th review with more than I see and Hoppy, Berta, and Carlie can point you in the right direction if they have the time. If you are damned lucky Hoppy will write a summation for you....

[Commander Bob]

BVA is your best shot. You can go to CAVC and the best I think is that you will get a remand back to BVA. May 11th was not that far away and I thought going into that review without any rep was a mistake and you should not have fought the reschedule..

With that said, I went through a BVA video hearing years ago and my DAV rep was worthless. So I did it all on my own at the hearing. But I told myself going in just tell the truth and keep your answers concise and be polite and not argumentative. I was remanded. It took me years after that to win but it set the stage.

Again, having been through it all I don't think you should have pushed the other day.If you are going to win I think it will be at BVA. I know others may disagree and you have to filter all us and make your own decision.

I think ou need to go to that May 11th review with more than I see and Hoppy, Berta, and Carlie can point you in the right direction if they have the time. If you are damned lucky Hoppy will write a summation for you....

I had no other choice but to go to the BVA hearing alone, deanbrt. The VARO failed to give me, or my rep a timely notice which is required by law. The BVA hearing notice was received 9 days before the hearing date According to the notice, two weeks written request by mail was required to reschedule, and my NSO was already committed to his DC trip.

If I did not make an attempt to appear at that scheduled BVA hearing date, then I would have been placed at the bottom of the pile, and who knows when I would have gotten a new hearing date. It wasn't until I appeared for the hearing, that they offered to reschedule.

So, I had to insist on being heard in order to get an earlier date, otherwise, it may have taken many more years of waiting, if I had accepted their automatic rescheduling.

Thanks for your support.

Bob