Who Duals It Out Once It Gets To The Bva

[63SIERRA]

Im wonderng who then becomes the adversary of the veteran once the claim gets to the BVA /Does a representative come from the regional office, or does the regional office become completely out of the mix once it goes to the BVA where attorney get involved that dont work at the regional offices?

If the claim is sent from the regional offices to someone not at all involved in the processes at the regional office level, surely there must be some claims sent back to the RO that clearly cannot be defended or won by the VA.

[GatorNavy]

Im wonderng who then becomes the adversary of the veteran once the claim gets to the BVA /Does a representative come from the regional office, or does the regional office become completely out of the mix once it goes to the BVA where attorney get involved that dont work at the regional offices?

If the claim is sent from the regional offices to someone not at all involved in the processes at the regional office level, surely there must be some claims sent back to the RO that clearly cannot be defended or won by the VA.

The BVA is still a non-adversarial process. When you get to the CAVC it becomes adversarial. Attendees at the hearing are the VLJ, you and your representative if you have one. You can present more evidence at the hearing if you wish. After the hearing concludes, your c-file goes to a panel of OGC VA attorneys who help the VLJ make the decision. The BVA is the last gasp for submitting evidence as an appeal to the CAVC only deals with procedure and implementation of law.

[63SIERRA]

thanks when I read bva cases it always lists "' attorney for the board" so is that what they are speaking of, or is the attorney for the board, the person who is pushing for the ROs position?

[GatorNavy]

thanks when I read bva cases it always lists "' attorney for the board" so is that what they are speaking of, or is the attorney for the board, the person who is pushing for the ROs position?

The attorney works for the BVA. Once your C-file leaves the building, that is the end of the VARO's involement. Unless the VLJ remands back to the VARO (known as the AOJ or Agency Of Jurisdiction). To keep off the hamster wheel, take care of all of the possibilities for remand. You don't want a remand for another medical opinion, SOC or something like that.