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My Attorney For My Appeals

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RUREADY

Question

I have an attorney helping with my appeals for an early effective date an his way of

doing it just didn't sound right at first but it might work. He want the judge at BVA to make

a decision'' without a hearing'' just off the evidence on file. I have never heard anybody going

to BVA without a hearing but he said he have seen were a judges have tried to tie people up

in their claim or catch you in a lie or something. He wants the judge to make the RO send it

to Washington DC for extra-scheduler consideration and why it was not sent there in first place

since I was consider to be unemployable from a back surgery alone. Fail back surgery syndrome.

The RO wouldn't send it to DC. This is how he want to handle this I just hope he know what he is

doing and don't mess this up. Any suggestion or have anyone just let the judge decide their claim

without a hearing. Thanks RU

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  • HadIt.com Elder

A hearing isn't necessary if the evidence is there and speaks for itself. The advantage may be that if it's denied you can head to the Court. Many claimants allow a judge to rule w/o a hearing. jmo

pr

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  • HadIt.com Elder

I had a BVA hearing. It turned into just an in-take process. Nothing was decided for six months and I lost. We had the evidence, but no way were they going to say "Yes". If you don't trust your lawyer you should get a new one. I recommend you try it his way first. If you don't win he does not get paid.

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A hearing isn't necessary if the evidence is there and speaks for itself. The advantage may be that if it's denied you can head to the Court. Many claimants allow a judge to rule w/o a hearing. jmo

pr

PR thanks a lot this is what I needed to hear before I fire somebody

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I had a BVA hearing. It turned into just an in-take process. Nothing was decided for six months and I lost. We had the evidence, but no way were they going to say "Yes". If you don't trust your lawyer you should get a new one. I recommend you try it his way first. If you don't win he does not get paid.

john999, my lawyer said he had a person that couldn't walk into hearing but the judge turn it around and

said it was cause by something else & not military and he said yes. Denied. I trust him but I just had my doubts

until now I guess he know what he is doing. Thanks john999

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