tdiu Hearing Before Bva Member

[ammawa]

Hi all I have a scheduled hearing in Washington, DC with a member of the BVA on a remand issues including and earlier effective date for IU. I got retoractive pay from 1/2004. My claim for TDIU was put in in 1994. My arguement is that my service connected diabilities prevented me from working gain-ful employment back in 1994 not 2004. I think if the VARO would have went by thier law under title 38 CFR my effective date should be 1994.

My question is has anyone had one of these hearing in DC and if so what do i need to expect?

[Pete53]

I would expect that you would have a meeting that was professional and that you would be treated with courtesy. I like Hearings as it gives the claim a face.

Good Luck

[Former Member]

Hi all I have a scheduled hearing in Washington, DC with a member of the BVA on a remand issues including and earlier effective date for IU. I got retoractive pay from 1/2004. My claim for TDIU was put in in 1994. My arguement is that my service connected diabilities prevented me from working gain-ful employment back in 1994 not 2004. I think if the VARO would have went by thier law under title 38 CFR my effective date should be 1994.

My question is has anyone had one of these hearing in DC and if so what do i need to expect?

Did you continue to prosecute this claim since 1994 without allowing their decisions to remain unappealed?

Or if you didn't -is this a CUE claim on a past final decision?

Do you have your BVA docket and citation number?- BVA cases are public knowledge at the BVA web site--no names, no c file numbers- maybe we could understand your claim better if we see the remand.

Does your medical evidence that VA has show that-as far back as 1994-you were unemployable due to service connected disabilities?

If you receive SSA disability benefits- is VA fully aware of them and has the VA obtained your SSA records?

Edited September 19, 2006 by Berta (see edit history)

[Philip Rogers]

Hi all I have a scheduled hearing in Washington, DC with a member of the BVA on a remand issues including and earlier effective date for IU. I got retoractive pay from 1/2004. My claim for TDIU was put in in 1994. My arguement is that my service connected diabilities prevented me from working gain-ful employment back in 1994 not 2004. I think if the VARO would have went by thier law under title 38 CFR my effective date should be 1994.

My question is has anyone had one of these hearing in DC and if so what do i need to expect?

You should be able to get an EED, back to 1994, if you have the evidence. If this is for PTSD, I think the criteria changed back around then and they would have to use whatever is most favorable to you. jmo

[mssoup1]

While my husband had a BVA traveling board hearing instead of having to go to DC, I think that the hearings are all the same, regardless of how or where they are held. I posted the experience that we had earlier and have copied that posting below. Hope this might be of some help to you.

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 in the tape being transcribed. 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

[Moe]

I have had one and what Pete said is true..

[john999]

I think a personal hearing is one place where it helps to have a VSO with you to present you claim. This way you can stay calm and concentrate on your responses to questions. Also, it is easier to look pathetic and deserving when someone else is doing battle for you. I found that out when this old guy from the Red Cross represented me at my discharge review 33 years ago. All I had to do was to look like a person suffering an injustice and keep my mouth shut.

[ammawa]

Thanks I appreciated all the advice...

While my husband had a BVA traveling board hearing instead of having to go to DC, I think that the hearings are all the same, regardless of how or where they are held. I posted the experience that we had earlier and have copied that posting below. Hope this might be of some help to you.

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 in the tape being transcribed. 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

[gdsnide]

Thanks I appreciated all the advice...

When I tried to get SC by myself I was denied every way I turned.

Then I got a :awyer ( Clark Evans) & he got every thing approved.

GARY

[ammawa]

Why can't you do both, submit a formal briefing (argument) and review it at the hearing or VTC? :D

The formal briefing (hardcopy) would be "for the record". Seems pretty strong evidence to me.... not to be ignored. Verbal stuff can get changed and misrepresented or misinterpreted.... and thats no good. You really need to stick the DRO.... with a hardcopy of your argument. At such a hearing, you need a specific agenda that YOU dictate.... as far as your argument. I feel this is a must. Talking, alone without a formal hardcopy submission, is an invitation to disaster..... like letting the enemy inside the wire !!!! You never want that. Thats an open-door to VA abuse. Stick the VA or they will stick YOU. :D

Thanks Terry i was thinking of doing just that....by summitting a hard copy i know that I won't get chocked up when given a chance to express my opinion.

[Moe]

Good idea about bringing a paper with talking points with you to the hearing. They are used by the best and brightest and will keep you on track and focused. You only get one shot so don't blow it. I would go over all points with my rep prior to the hearing..

Good luck.

Edited September 23, 2006 by Moe (see edit history)