Bva Hearing In Fl

[Ken1]

Have upcoming BVA hearings in FL what should I expect? Thanks in advance for any replies

[free_spirit_etc]

Ken,

Do you have a VSO or attorney? Or are you representing yourself?

I recently had a hearing in DC. I planned on representing myself - and presenting my argument (which I had already written). But I ended up appointing a VSO at the last minute - which upset the whole apple cart.

I found the judge to be very nice. He asked a few questions and was nice and respectful. I found him to be much more respectful and supportive than my VSO. I am assuming that if I had not appointed a VSO, the judge would have let me present my argument. Actually, even with my VSO, the judge would have probably let me present my argument. But my VSO was rather useless, asked a lot of irrelevant questions, and kept rolling his eyes at my answers. GRRRR.

I think the majority of VSOs are a bit more useful than that - and they would usually present your argument to the judge.

I read that the judges hearing notes and the transcript of the hearing are very important information when the attorney starts drafting the decision. (Yep. Asknod let me know it isn't the judge that actually drafts the decision.)

So you want to make sure you have presented your case well enough that the transcript and hearing notes will support your claims.

There is an interesting guide to Board Hearings here: http://www.iacvac.org/PP/ceu7.pdf

[FormerMember]

Yeppers. Alphabets4Vets (VSOs) are useless as far as lawdogs. And one minor note. Each VLJ generally has 10-12 staff attorneys working for him on decisions. Divide 67 VLJs by 50,000 incoming claims/year to get a grip on why it takes so long. Each VLJ is expected to complete one claim a day bare minimum. Up to 60 or more senior staff attorneys are granted 90 day tickets to be "Acting Veterans Law Judges" once a year. They are given little supervision unless they grant too many claims. That can be a death sentence for future employment there as the VASEC writes their paycheck.

clear prop

[john999]

I had a lawyer at my BVA hearing. My lawyer presented a 41 page brief. The judge did not seem to know what to do with it. He did glance at how my lawyer worded my CUE to see if he could dismiss it right away. It sat with this judge for about 6 months and was denied, so off to CAVC. CAVC instantly (6 months) discovered flaw in BVA denial. I think vets should take advantage of legal representation early on if their claim is complicated.

John

[63SIERRA]

I had previously asked my DAV rep if they had attorneys on staff that I had access to if needed, and he said no, but they had access to attorneys if needed? so I dont know what that means. Anbody has access to an attorney if you have money.

also I was doing some [probing at the local va, the gatekeeper who answered the phone in her ( professional phone voice), told me DAV reps have 24 hrs to call you back. (I wanted to ask her why not just have them answer the phone once in a while and it would elleviate the big 24 hr rule). So I guess they are trying to have the reps actually return folks phone calls nowadays.

[63SIERRA]

I had a lawyer at my BVA hearing. My lawyer presented a 41 page brief. The judge did not seem to know what to do with it. He did glance at how my lawyer worded my CUE to see if he could dismiss it right away. It sat with this judge for about 6 months and was denied, so off to CAVC. CAVC instantly (6 months) discovered flaw in BVA denial. I think vets should take advantage of legal representation early on if their claim is complicated.

if you can keep an idiot talking long enough, they will make a mistake.

John

[Ken1]

I do have an Attorney with 20+ years exp with the VA in claim process. By Christmas time I should have a gut feel

Thanks for the replies