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

[mssoup1]

Stretch,

The law judge you got sounds a lot like the law judge a friend of mine had when I went with him to his BVA traveling board hearing. He had nothing to say. Constantly looked at his watch as though we were taking up his time when he could be on the golf course. Spent time looking out the window. I could not believe how inconsiderate he was.

But, when my husband had his hearing, the law judge he had was female, not that that matters, and she was great. Listened to everything we had to say, seemed really concerned about the things we presented to her, acted as though she had all the time in the world, seemed a little irritated because some of the evidence I gave her sounded as though she was not aware of it from his c-file. This was also a traveling board hearing.

My friend lost and gave up. His claim was a little bit harder to prove, due to the evidence and other things about his claim. He talked with an attorney about going to the Court of Veterans Appeals, but the attorney basically told him that if he couldn't win the case at the BVA level with the evidence he had, then he really had no chance at the next level. He stated that he could not put his claim together any better than it already was. His claim did have a lot of problems from the beginning. But, the law judge should have still shown more respect at the hearing.

My husband ended up getting several positive decisions at the BVA level, due to the hearing, and the rest were remanded back to the RO, all of which we ended up winning.

My personal opinion is that it does make a difference as to who you get as your law judge when going before the BVA. But, this is true in any court of law. No matter how well you present your case, it is still left up to the law judge to make that final decision.

Also, as far as the transcript is concerned, that is all you can get from the hearing. You cannot get a copy of the tape itself. I think you should get both. After all, a transcript is only as good as what the person understands when typing it up. And from the couple that I have read, transcripts can end up with a lot of errors in them and they are using this in making their decision.

Just my take on things.

mssoup1

[Stretch]

Terry,

We are part of the same fabric. Thanks for your consideration. I got the VCAA notice of response letter today. It came with the 'What are VSO and how they can help you' attachment and several FOIA (stamped 'Appeals') forms.

----------------------------------------------------------------------

Response

I elect one of the following: (Whichever box you check, you have one year form {mispelled by VA} the date of the notice to give VA any other information or evidence you think will support your claim.)

• ۝ I have no other information or evidence to give VA to substantiate my claim. Please decide my claim as soon as possible
  
  ۝ I have more information or evidence to give to VA to substantiate my claim. Va will wait at least 60 days before deciding my claim to give me a chance to submit this information or evidence.
  

___________________________

Claimant Representative Signature

Told you that they like me, because the keep sending me mail every other day.