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Appeal Travel Board Healing In April 2015


fmfdoc

Question

Hi,

I have my first Appeal Travel Board Healing in April and have zero clue how I should approach it (except review my claim)

any feedback, tips, etc will be appreciated.

thanks,

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You have the job of convincing a Veterans Law Judge (VLJ) that one (or both) of two things is wrong. Case or controversy. Case means you have to cite law/regulation that was violated/ignored. Controversy is how you and VA view the evidence. You have to show, by a preponderance of the evidence, that what you are asking for is due you. If for increase, your evidence for must prove a higher rating is justified. If a new claim, that the evidence for is at least in equipoise with that against. You also have to have the Caluza triangle, of course. (Disease in service/disease now/ doctor's letter connecting the two.).

Your job is not to instruct the Judge on what the rating should be as a number. You stress the factors that are required in the diagnostic code. A VLJ has no authority to make a rating decision unless it is an appeal for a higher rating. If a new claim on appeal, all s/he can do is grant or deny. If granted, it is returned to the RO for your rating percentage. Hope that helps, sir.

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Are you represented by a VSO? Most VSOs have an DRO/BVA Appeals specialist available for local & DC hearings. Might want to get with a VSO at your VARO and have a set down to discuss your April Hearing. The decision to go it alone may or may not be prudent but that's what decisions are all about, right.

For info only, how about a claims time-line or at the very least, how long it took for your BVA Trav Board to be scheduled. During your wait time have you supplied any N & M evidence? Any Sup-Stmt Of Case been received by you?

Good Luck, may be appropriate.

Semper Fi

Gastone

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Are you represented by a VSO? Most VSOs have an DRO/BVA Appeals specialist available for local & DC hearings. Might want to get with a VSO at your VARO and have a set down to discuss your April Hearing. The decision to go it alone may or may not be prudent but that's what decisions are all about, right.

For info only, how about a claims time-line or at the very least, how long it took for your BVA Trav Board to be scheduled. During your wait time have you supplied any N & M evidence? Any Sup-Stmt Of Case been received by you?

Good Luck, may be appropriate.

Semper Fi

Gastone

Are you represented by a VSO? Most VSOs have an DRO/BVA Appeals specialist available for local & DC hearings. Might want to get with a VSO at your VARO and have a set down to discuss your April Hearing. The decision to go it alone may or may not be prudent but that's what decisions are all about, right.

For info only, how about a claims time-line or at the very least, how long it took for your BVA Trav Board to be scheduled. During your wait time have you supplied any N & M evidence? Any Sup-Stmt Of Case been received by you?

Good Luck, may be appropriate.

Semper Fi

Gastone

I think it took me about 8 months to get this date for the hearing. Im not sure what N&M evidence is? also, what do you mean by "Any Sup-Stmt Of Case been received"

I'm trying to contact my VSO at the DAV but he is painfully slow

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8 months since your Form 9 for a BVA Trav Board seems quick but great. I was wondering if you had suppled your VARO with any New & Material Evidence post original decision. Any N & M Evidence received post decision by your VARO is supposed to "Trigger" a process called an automatic review of your decision by a Senior VA Rater or actual DRO. This review is conducted with deference given the original decision and can result in an Award or the the continuance of your Denial. If the Denial is continued a Supplemental-Statement of case is prepared and mailed to you. There is no exact time frame for this type of review, it is Dependant upon the receipt of N & M Evidence. With the BVA Travel Board, have you been notified of a N & M Evidence cut off date?

Unless your VARO is hours away, a personal visit seems to be in order after making an appointment with the MFIC of the RO DAV Office. You really want to have a face to face with the DAV BVA Appeals Hearing Specialist. This past 6/14 I had a DRO Hearing and only met with the Hearing specialist for 15 min before the Hearing. My guy was a former VA DRO himself and only worked part time for Friday Hearings. The clock is ticking!

Semper Fi

Gastone

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