BVA Hearing - In-Person

[byjomat]

Have an in-person BVA Hearing, Washington, next week.  I'm going without representation.  Looking for words-of-wisdom as to the general feeling of the conduct of the Hearing, etc.  Is there an appropriate dress code?  Are there certain things I shouldn't do...should do?  Over-all what is the general tone of the Hearing?   Formal?  Informal? What is the general competance level of a Veterans Law Judge?  Any other advice will be greater appreciated.  Thank you.

[Berta]

Your past posts indicate this is a Section 1151 issue and you got replies, from me and from others.

I have become burned out by a few fairly recent recent 1151 issues here because I give replies based on VA case law and my own experience with malpractice issues, yet my advice often  goes no where aqnd others who replied to you probably feel the same way......

 

In February you asked and I replied thus:

You asked:

"Would a face-to-face hearing be more relaxed...informal?  Better vibes?  Better body language?  Feel the passion...so, the judge would be compassionate for my dilemna? etc? "

I replied:'The regulations do not account for vibes, passion, etc etc etc 

The only thing that awards claims is EVIDENCE.

I agree with those above that you need a lawyer.'

http://community.hadit.com/topic/69125-bva-hearing/

 

Here AGAIN is the criteria for successful 115/FTCA issues:

 

There are 2 main ingredients to proving a Section 1151, 38 USC claim.

This goes for veteran’s with what they fully believe are 1151 issues as well as survivors of veteran who feel the VA caused or contributed to their spouse’s death.

1.Documented medical proof of a ratable disability or death directly due to VA malpractice.

 

 

2.Documented medical proof of the malpractice/negligence that caused the additional disability or death.

 

 

If anyone ,with what they feel is a basis for a valid 1151 claim,

does not attempt to get a strong IMO/IME, then they will be part of the 98%-99% of 1151 claimants  who will be denied.

ANy claimant with a strong IMO/IMo regarding VA malpractice with a full medical rationale ,citing the negligence from the medical raerods and medical rationale as to why this negligence/malpractice caused an additional ratable disability or death, will not have a problem getting a lawyer to represent them.

You asked:"Have an in-person BVA Hearing, Washington, next week.  I'm going without representation.  Looking for words-of-wisdom as to the general feeling of the conduct of the Hearing, etc.  Is there an appropriate dress code?  Are there certain things I shouldn't do...should do?  Over-all what is the general tone of the Hearing?   Formal?  Informal? What is the general competance level of a Veterans Law Judge?  Any other advice will be greater appreciated.  Thank you."

A veteran's law judge cares about only one thing.....EVIDENCE!

If you still do not have significant medical evidence (from a real doctor with expertise in the basis of the claim) linking your claimed 1151 disability to a VA medical error,by time of this hearing,

 you will be denied.

 

[Buck52]

I agree with Ms berta & you got to change their mind and you do that with new & material  EVIDENCE.

I would say dress causal and be polite &Thank the Judge for your opportunity to be here today,hopefully to solve your claim.

 & your better off with an Experienced Attorney!

[byjomat]

Thanks for the feedback.  Tried to find an experienced 1151 attorney...none available...or, they don't handle 1151 matters...."you are your best adversary!" 

I believe my medical records show enough proof of malpractice/negligence to win the claim for me!

I've had a C.U.E. hearing...and two (2) DROs...a 3rd DRO was promised...but, the Appeals Coach broke his promise for the DRO.  

What is "IMO/IMo"?

Thank you...stay tuned for my success story...for other veterans in similar situations!

[Berta]

IMO/IME....

This means an independent medical opinion done by a non VA doctor who can gives a full medical rationale as to any evidence of malpractice in your VA medical records that has led you to have an additional disability.

Can you give us your Docket # and citation# at the BVA?

 

 

[Berta]

Can you delete this #.... it is not a Docket or Citation # and looks like a C file #