I Now Want To Attend The Hearing In Person. How Do I Fix It

[JuanP]

Hello all. Part of my case is at the BVA, (for Service Connection) and has been for about a year. At the time, I did not select the option to attend in person and now I need to know how to change that. Or should I choose the Video Hearing. (Bottom line is I don't feel like I'll get a fair shake if I'm not part of it)

Also, I have been granted SSDI, what is the correct way to go about informing the VA about this? Will it make an impact?

Your help will be appreciated.

also, as an aside--are there any conditions that cover someone who is the child of a vet? Meaning are there any conditions that can be passed down to child because of Service related.

Edited November 12, 2014 by JuanP

[georgiapapa]

I am not knowledgeable enough to provide you a response to your BVA questions.

However, in regards to your last question about the children of vets I would offer the following:

Children of Vietnam veterans exposed to agent orange who develop spina bifida may be eligible for benefits if they meet the criteria shown on the VA website.

Also, spouses and children of military personnel who were assigned to the MCB Camp Lejeune during a certain time period may be eligible for free healthcare coverage for certain illnesses caused by exposure to contaminated water on the base if they resided at on base housing for a minimum of 30 days. You can find more info on eligibility for family members on the VA website.

I am not aware of any contagious service connected conditions that can be passed on to the children of vets. I am not sure but I do not think the child of a vet with a service connected condition who also develops that same condition could claim benefits for their condition, especially if the condition might be a hereditary condtion.

There may be other ways children of vets are entitled to benefits and I am sure other Hadit members will let you know.

Good luck to you.

[JuanP]

Thank you GeorgiaPapa. My Mother in Law has MS. Father was ret USN

[Philip Rogers]

You can contact the BVA, directly, in writing and request that you be afforded a hearing.

pr

[RUREADY]

I am not knowledgeable enough to provide you a response to your BVA questions.

However, in regards to your last question about the children of vets I would offer the following:

Children of Vietnam veterans exposed to agent orange who develop spina bifida may be eligible for benefits if they meet the criteria shown on the VA website.

Also, spouses and children of military personnel who were assigned to the MCB Camp Lejeune during a certain time period may be eligible for free healthcare coverage for certain illnesses caused by exposure to contaminated water on the base if they resided at on base housing for a minimum of 30 days. You can find more info on eligibility for family members on the VA website.

I am not aware of any contagious service connected conditions that can be passed on to the children of vets. I am not sure but I do not think the child of a vet with a service connected condition who also develops that same condition could claim benefits for their condition, especially if the condition might be a hereditary condtion.

There may be other ways children of vets are entitled to benefits and I am sure other Hadit members will let you know.

Good luck to you.

Hello all. Part of my case is at the BVA, (for Service Connection) and has been for about a year. At the time, I did not select the option to attend in person and now I need to know how to change that. Or should I choose the Video Hearing. (Bottom line is I don't feel like I'll get a fair shake if I'm not part of it)

Also, I have been granted SSDI, what is the correct way to go about informing the VA about this? Will it make an impact?

Your help will be appreciated.

also, as an aside--are there any conditions that cover someone who is the child of a vet? Meaning are there any conditions that can be passed down to child because of Service related.

Also, I have been granted SSDI, what is the correct way to go about informing the VA about this? Will it make an impact?

if it was for the same disabilities you are service connected for it will have an impact. "BVA hearing" I always thought it was

your best interest to attend but most lawyers will say no to it because if you have the evidence. evidence win not the hearing. jmho

[JuanP]

Thank you Philip.

[FormerMember]

Here's the scenario. If your claim has been certified to the BVA with the Form 8 and transmitted to DC, asking for a hearing will necessitate a remand for a hearing. Scheduling a hearing, even a videoconference via your RO, will be a year out from the date of the remand. At the sixty day cut off point when it goes to the VLJ, there is no turning back. Asking for a hearing rightfully should be exercised with the filing of the Form 9 or shortly thereafter.

As for a presumptive disease associated with AO, you would have had to have manifested spina bifida at birth and certainly before age 18. In order to claim that, your birth mother would have to have served in Vietnam. As you were accepted into the service and granted the Presumption of Soundness, I'm not sure how you could claim that unless they missed it at your entrance exam.

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