Video Appeal Hearing Soon

[Old 5311]

I am scheduled for a video appeal hearing soon. Does anyone have any nice-to-know information or tips for me?

I don't want to blow this after waiting three years.

Thanks

[carlie]

Is this for BVA ?

[mssoup1]

Just my 2 cents worth since I have been before two BVA hearings before. These were in person at the VARO office.

Try to be as calm as possible. Getting nervous or upset will only cause you to forget important things you want to make sure you get communicated to them. Just remember, they put their pants on the same way you do, so don't feel like you are the little person that someone is looking down on. In fact, we had a female law judge on one hearing and after about a minute, she made us feel like she was there to help us and she made us very comfortable.

Take any of your most important evidence with you. If you have certain areas within the document that pertains to what you want them to see, highlight that area so it stands out and the whole document does not have to be read. If they act as though they have not heard of the evidence you may bring up, show your copy to them. This does go a long way. I had to do it several times and did help our claim in the end.

Make a time frame sheet as to when things have happened and dates you turned in evidence or additional information to the VARO. If they want to know something specific, you don't want to have to dig through a lot of paperwork to find the answer or say "I don't know" unless you have to. You are alloted a specific amount of time for your appeal hearing, so you want to make sure you get the most for the buck.

Make a list of anything that you want to make sure you get conveyed to the law judge. Doesn't have to be detailed, just to jog your memory while you are there so you don't forget anything.

Remember, this is your one chance to appeal to the BVA in person and you want to make sure that you have all of your ducks in a row.

When speaking to them, make them feel as though you are very knowledgeable about the VA regs, codes and processes.

If you have more than one claim on appeal to the BVA that will be heard at this time, take each claim separately and stay with it until you have finished what you have to convey to them. Don't try to talk about more than one claim at the same time. This will only confuse them. Stay with one, finish it, then move on to the next one.

I not only took relevant evidence, letters, etc. with me, but I wrote up a letter based on what I wanted to convey to the law judge. In the letter, I even had regs and codes quoted. My words in the letter I kept in black. Any regs or codes that I had in the letter, I put in red. This way I could tell the difference between the two. I myself was a little nervous to start with. I have panic attacks, so I thought this was really going to be rough for me. I asked if I could read from my letter and if they had any questions, they could stop me and we could discuss it. They said it was no problem. When I read the letter, I took my time and tried to speak as plain as I could because all of this was being recorded and I wanted to make sure there was no miscommunication. I even sometimes spelled out things which I though might be misrepresented when someone tried to type up the transcript from the tape.

You know why you have appealed your claim. Now, be ready to sit there and explain to them the very best you can why you feel your claim should not be denied. Be ready to show them the evidence you have which you feel contradicts the denial from the VARO.

While they do have your C-file there with them, if you can readily access your files for any information which they may seem to be concerned with, it would be better for you to say "I have it right here for you" vs. the law judge trying to flip through your c-file to try and find it themselves. If they need a copy of anything you have, they will get someone to make a copy for them.

Again, try and be as well prepared for the hearing as possible in order to be able to get your points across to the law judge. Don't ramble on about things. Get the important facts on the table and move on to something else. Don't get them bored right off and then not want to listen to anything else you have to say. Try to keep their attention as much as possible.

These are some of the things I did and every claim that was before the BVA was approved, so I must have done something right or it was my lucky day.

Good luck and I wish you the best of luck. Just spend some time on getting yourself prepared and try to stay as calm as possible. I am sure things will work our positive for you.

mssoup1

[carlie]

I would check all the evidence I had previously submitted - against VA's list of evidence and see what they didn't address in their denials. Probably some evidence there they didn't consider. I find many, many time VA does not know how to connect the dots. If you have more than 1 issue VA is good at negating which evidence presented goes with which issue requested.

I'd also study any transcripts I had plus any and all prior rating decisions, SOC's SSOC's and C&P examinations. I would address anything negative at the hearing and present any additional evidence that helps support my claim.

Here's some study info.

http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch04.doc

mssoup gave you some real good advise

Good luck,

jmho

Edited August 24, 2006 by carlie

[Old 5311]

Just my 2 cents worth since I have been before two BVA hearings before. These were in person at the VARO office.

Try to be as calm as possible. Getting nervous or upset will only cause you to forget important things you want to make sure you get communicated to them. Just remember, they put their pants on the same way you do, so don't feel like you are the little person that someone is looking down on. In fact, we had a female law judge on one hearing and after about a minute, she made us feel like she was there to help us and she made us very comfortable.

Take any of your most important evidence with you. If you have certain areas within the document that pertains to what you want them to see, highlight that area so it stands out and the whole document does not have to be read. If they act as though they have not heard of the evidence you may bring up, show your copy to them. This does go a long way. I had to do it several times and did help our claim in the end.

Make a time frame sheet as to when things have happened and dates you turned in evidence or additional information to the VARO. If they want to know something specific, you don't want to have to dig through a lot of paperwork to find the answer or say "I don't know" unless you have to. You are alloted a specific amount of time for your appeal hearing, so you want to make sure you get the most for the buck.

Make a list of anything that you want to make sure you get conveyed to the law judge. Doesn't have to be detailed, just to jog your memory while you are there so you don't forget anything.

Remember, this is your one chance to appeal to the BVA in person and you want to make sure that you have all of your ducks in a row.

When speaking to them, make them feel as though you are very knowledgeable about the VA regs, codes and processes.

If you have more than one claim on appeal to the BVA that will be heard at this time, take each claim separately and stay with it until you have finished what you have to convey to them. Don't try to talk about more than one claim at the same time. This will only confuse them. Stay with one, finish it, then move on to the next one.

I not only took relevant evidence, letters, etc. with me, but I wrote up a letter based on what I wanted to convey to the law judge. In the letter, I even had regs and codes quoted. My words in the letter I kept in black. Any regs or codes that I had in the letter, I put in red. This way I could tell the difference between the two. I myself was a little nervous to start with. I have panic attacks, so I thought this was really going to be rough for me. I asked if I could read from my letter and if they had any questions, they could stop me and we could discuss it. They said it was no problem. When I read the letter, I took my time and tried to speak as plain as I could because all of this was being recorded and I wanted to make sure there was no miscommunication. I even sometimes spelled out things which I though might be misrepresented when someone tried to type up the transcript from the tape.

You know why you have appealed your claim. Now, be ready to sit there and explain to them the very best you can why you feel your claim should not be denied. Be ready to show them the evidence you have which you feel contradicts the denial from the VARO.

While they do have your C-file there with them, if you can readily access your files for any information which they may seem to be concerned with, it would be better for you to say "I have it right here for you" vs. the law judge trying to flip through your c-file to try and find it themselves. If they need a copy of anything you have, they will get someone to make a copy for them.

Again, try and be as well prepared for the hearing as possible in order to be able to get your points across to the law judge. Don't ramble on about things. Get the important facts on the table and move on to something else. Don't get them bored right off and then not want to listen to anything else you have to say. Try to keep their attention as much as possible.

These are some of the things I did and every claim that was before the BVA was approved, so I must have done something right or it was my lucky day.

Good luck and I wish you the best of luck. Just spend some time on getting yourself prepared and try to stay as calm as possible. I am sure things will work our positive for you.

mssoup1

[Old 5311]

Just my 2 cents worth since I have been before two BVA hearings before. These were in person at the VARO office.

Try to be as calm as possible. Getting nervous or upset will only cause you to forget important things you want to make sure you get communicated to them. Just remember, they put their pants on the same way you do, so don't feel like you are the little person that someone is looking down on. In fact, we had a female law judge on one hearing and after about a minute, she made us feel like she was there to help us and she made us very comfortable.

Take any of your most important evidence with you. If you have certain areas within the document that pertains to what you want them to see, highlight that area so it stands out and the whole document does not have to be read. If they act as though they have not heard of the evidence you may bring up, show your copy to them. This does go a long way. I had to do it several times and did help our claim in the end.

Make a time frame sheet as to when things have happened and dates you turned in evidence or additional information to the VARO. If they want to know something specific, you don't want to have to dig through a lot of paperwork to find the answer or say "I don't know" unless you have to. You are alloted a specific amount of time for your appeal hearing, so you want to make sure you get the most for the buck.

Make a list of anything that you want to make sure you get conveyed to the law judge. Doesn't have to be detailed, just to jog your memory while you are there so you don't forget anything.

Remember, this is your one chance to appeal to the BVA in person and you want to make sure that you have all of your ducks in a row.

When speaking to them, make them feel as though you are very knowledgeable about the VA regs, codes and processes.

If you have more than one claim on appeal to the BVA that will be heard at this time, take each claim separately and stay with it until you have finished what you have to convey to them. Don't try to talk about more than one claim at the same time. This will only confuse them. Stay with one, finish it, then move on to the next one.

I not only took relevant evidence, letters, etc. with me, but I wrote up a letter based on what I wanted to convey to the law judge. In the letter, I even had regs and codes quoted. My words in the letter I kept in black. Any regs or codes that I had in the letter, I put in red. This way I could tell the difference between the two. I myself was a little nervous to start with. I have panic attacks, so I thought this was really going to be rough for me. I asked if I could read from my letter and if they had any questions, they could stop me and we could discuss it. They said it was no problem. When I read the letter, I took my time and tried to speak as plain as I could because all of this was being recorded and I wanted to make sure there was no miscommunication. I even sometimes spelled out things which I though might be misrepresented when someone tried to type up the transcript from the tape.

You know why you have appealed your claim. Now, be ready to sit there and explain to them the very best you can why you feel your claim should not be denied. Be ready to show them the evidence you have which you feel contradicts the denial from the VARO.

While they do have your C-file there with them, if you can readily access your files for any information which they may seem to be concerned with, it would be better for you to say "I have it right here for you" vs. the law judge trying to flip through your c-file to try and find it themselves. If they need a copy of anything you have, they will get someone to make a copy for them.

Again, try and be as well prepared for the hearing as possible in order to be able to get your points across to the law judge. Don't ramble on about things. Get the important facts on the table and move on to something else. Don't get them bored right off and then not want to listen to anything else you have to say. Try to keep their attention as much as possible.

These are some of the things I did and every claim that was before the BVA was approved, so I must have done something right or it was my lucky day.

Good luck and I wish you the best of luck. Just spend some time on getting yourself prepared and try to stay as calm as possible. I am sure things will work our positive for you.

mssoup1

[Old 5311]

Carlie, BVA?? All I know is it is my first hearing after being denied Osteoarthritis and NOD 2 1/2 yra ago.

Thanks

Jim