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

[Berta]

I suggest that you bring all of your evidence and also separate a list of it-

The video camera can zoom in on any document you hold up for the Law Judge to see-

this type of hearing can be invaluable for a vet with a disfiguing scar, skin disorder, or severe visible disability-

The advise is right- think ahead- remember that is a video tape and you can take advantage of what you are able to show them on the zoom lens.

PS-if you did NOT receive an actual VCAA Notice or VCAA letter that was specific to your claim- show them that too on the video camera.

If it is just the generic Important Reply Requested- without specifics, it is not the VCAA notice-

Edited September 5, 2006 by Berta

[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]

Thanks mssoup 1. This is what I needed. All replies are appreciated.

Regards, JPW

[mssoup1]

Glad I could be of some help to you.

Good Luck!

mssoup1

[Stretch]

I went in, with my hard copy evidence, for my BVA Video Conference Hearing (2/15/2006). I also took my laptop. VFW was a no-show. VSO's will not represent you if you request them to help at this late stage of the game. I made a formal request for VFW over 2 months prior to BVA conference. I have been a lifetime member of VFW for 20 years.

The VA Lawyer Judge came on the camera. I asked him how I should address him. He said, "Your honor, sir, or what ever you like." He did not talk again for 2 1/2 hours. Three audio cassette tapes both sides.

He kept looking at his watch, leaning on my 8" high C-file. I went through elaborate detailed information, which was both laid out in Power-Point and Front-Page on the laptop. I can't hardly remember anything, but my memory is in the computer. It was hard to go through 38 years of information in just 2 1/2 hours.

I was in pain from the drive. I was angry, frustrated, and came to a complete pause from time to time while going through emotional events.

• I related Combat Status and the relaxed rules of 1151(b.). I gave the regulation page as evidence (with copy).
  
• I asked for a copy of the Video Conference Hearing and was told that only transcript would be given (6 months and waiting).
  
• Stressors, times, events, SMR (personnel medical and dental), medals, commends, affidavits, and civilian medical records were, once again, given.
  
• Current diagnosis and rebuttal of VA nurse opinion with IMO from actual surgeons who performed surgery on me.
  
• I told him of the medications I was given, by the VA, and showed him the side effects.
  
• Told him I would like my COPD considered with the other claims /w asbestos literature to be entered.
  
• I showed him SMR's that were removed by NPRC or DoD.
  
• Told him of the MUC which the VA and NPRC have been keeping and presented Medals and Commendations. I was finally awarded the MUC in July this year.
  
• I did a 10 minute rap-up.
  

He had a computer available, so why shouldn't I?

I got down to about 6:00 PM Central time, which is 7:00 PM eastern time, when his eyes became fixated on his watch. He kept tapping the watch like it was broken (like a scuba diver in Sea Hunt). I asked him if he had any questions. I felt like I had given most information, so I told him that I would let him go for dinner now.

Then I asked where I could give him hard copy for the remainder of evidence that I had presented. He said, "The front desk." I said, "See ya later."

Even with precise information, this VA Lawyer Judge, has twisted two stressor events into one.

My Conclusion:

BVA Lawyer Judges, are DoD legal hacks, that are there to decide (parse) which information will suit the VA side of the Claims. Any information that the judge disallows will have to be in the transcript. This disallowed information, will be used in the CAVC or further, with my Lawyer.

I have nothing to hide. If this seems arrogant, well it is just the way that it is; with conditions aggravated, in my claims by the VA.

I thought about setting up a double web cam, on my side, with audio recording of the entire hearing as evidence.

Preparation and outlined format are necessary to keep on track.

It is your individual hearing, that you have been waiting for, take your time.

[Stretch]

Terry,

I already got the BVA remands, went back through the AMC, and now at the DRO. As far as I am concerned I am waiting for final BVA ruling, for the CAVC. I am not a Lawyer. I am just a typical Veteran. I can't hire a lawyer, as of yet, because the system won't allow it.

I haven't twisted anything. Panayotis Lambrakopoulos, Counsel for the BVA, has responsibility for an erroneous decision.

http://www.index.va.gov/search/va/va_searc...s&UA=Search

A person can pursue what they need. I am just going through the Veteran Friendly traditional process.