Appeal At Bva Stay With Vso Or Get Atty

[paulcolrain]

when you ask for a hearing at the bva in washington, does your vso fly there or do they have a representative show up? i have 90 days to choose another pov should i hire a lawyer now ?

[K9MAL]

Generally, most Vets advocates agree the best time to hire an attorney is just after a BVA denial.

Why after a denial and not before at the BVA? Serious question, I don't know how it works, and that will be my next stop on my journey I'm afraid.

[Gastone]

K9: Will look back later but how did you get to the BVA. Straight from Original Claim Denial or did you have a DRO Hearing that continued your Denial?

I was getting edgy 01/14 regarding a DRO Hearing that had been requested back in 2010. I was confident in handling the hearing Myself but decided to check out VA Accredited Attorneys to get initial FREE consults. Two different National firms wanted me to cancel my DRO Hearing and go to the BVA. One local that I had a face to face with, agreed I had a winnable claim and thought waiting for the DRO was the right move. Based on our 20 min discussion, she was confident I would prevail. Said for 20% of Retro she would rep me at the DRO but that she didn't think I needed her as long as I was comfortable handling it myself. If Denied she would be glad to handle the BVA. I waited for the DRO Hearing which was 06/27/14. All $$ issues from 2010 & 2012 NOD' awarded. Had I been denied, that young lady would have been my choice for representation at the VA.

As to your BVA Hearing, I'm not a big VSO guy. They do have Appeals Specialists in Washington but you usually get what you pay for. Why chance it? 20% of your retro might be cheap to get your claim awarded and a Big Axx Retro Check in the bank. Without representation, why did you decide on Washington as opposed to a BVA Video or Traveling Board Hearing? Is it too late to request either of those? Has your claim been transferred to the BVA and a Docket # assigned?

Semper Fi

Gastone

[lotzaspotz]

My choice would be to hire an attorney to defend the appeal. There are many reasons for this, but unless you're very familiar with 38 CFR, there are often small holes as well as gaping chasms in RO and Board decisions that we, as non- attorneys, don't recognize. Consequently, we don't know to challenge those statements, not only based on the statutes, but also on prior Court of Veterans Appeals (COVA) decisions, of which we are unaware, that often set precedent and that can be used to defend our arguments. As your time with hadit grows, you'll become more adept at this, but you are in need of a strategy now, not later. Plus, depending on the attorney you choose and who accepts your appeal, his/her level of expertise will afford you some peace of mind that you're not in the trenches alone and unarmed.

We have had an alliance for my husband's appeals with the same firm since 2005, after our prior attorney, Clark Evans (remember Clark, Berta?) passed away. If the Board denies your appeal and you appeal to the next level, COVA, your attorney would have the benefit of continuity and familiarity with your appeal. As I've stated here before, I don't recommend going through an appeal process on your own, JMO.

Sorry, using a VSO isn't even on my radar screen. Years ago, my husband had one from the state stick a claim in his desk drawer and there it sat for over a year before we found out he never filed it with the RO. We checked with the RO on its status because the VSO wouldn't return our calls. He became indignant when we called him on it because we went "over his head." That was the end of that.

The VA has plenty of lawyers on staff to defend its Board denial decisions when you appeal to the COVA, if that becomes necessary. I believe in prior preparation to increase your odds of winning your appeal.

Edited February 11, 2015 by lotzaspotz

[FormerMember]

Everybody's overlooking the thrust of Miz Spotz' query. If you request the BVA Board hearing locally at 810 Vermin Ave. NW, your personal VSO does not, I repeat, does not, fly to DC. If you have a National chain like DAV or Amleg representing you, they have reps there who will represent your interests. If you have a state organization like Texas Veterans Affairs, they contract with one of the big boys to do it.

Again, with a VSO, remember you are allowing a service officer (also a total stranger) with no Juris Doctorate to defend you against 500 of VA's finest law dogs. Always remember the Roman Colosseum--- Lions 5 , Christians 0. Once you lose at the BVA, you can no longer add evidence or develop your case to it's optimum. NVLSP and NOVA will not jump in for a pro bono gig until you show up at the Big House. Free legal help has many connotations. You do what you have to do, young lady but I'd advise an attorney unless your case is an open and shut one. If it turns into a Watermelon seed-spitting contest, you'll want an attorney with biiiiiig cheeks. Lottzaluckz.

[GatorNavy]

I wouldn't recommend having a tele-video conference for a BVA hearing. Mine was a disaster. I faxed in highly probative evidence to the point of being prima facie, four days before the hearing. The AVLJ said he didn't get it and the evidence was not weighed or even mentioned in the decision. I did discuss the evidence at the hearing so it was mentioned in the transcript. With a face to face BVA hearing you can pass the evidence to the judge at the hearing and discuss it. My BVA decision was entirely remands with a do over at the RO. Make no mistake about it. The BVA will tie 13 knots in a rope and show you the thirteen steps!

Edited February 11, 2015 by GatorNavy