Starting To Prepare For Bva Hearing

[Ricky]

Just need a couple of suggestions. Prior to submitting my form 9 for my appeal I requested a hearing with the DRO (this was almost 15 months ago). However, as today the VARO has not provided such a hearing. I have inquired about the status of the hearing at least a dozen times. I have received written responses from the VARO ranging from "we are working on it" to "we do not offer such hearings at this VARO." Since the submission of my form 9, I have also provided new evidence in support of my claim on six occassions. However, as of this date no SSOC has been issued.

Today I was informed that my case had been set for a BVA hearing and I should be getting the written notification soon. I will believe this when I see it. However, the claim has been sitting there for 15 months without any action. The reason that I know the file has not moved at all is that I also have two new claims that are now 13 months old that are still with the pre-determination team.

Anyway, as we all know, if I attend the BVA hearing and the case is transfered to the BVA the first thing they will do is remand the case since the requested DRO hearing was not provided and no SSOC was issued.

Based upon this can I and would it be appropriate to start the hearing by informing the BVA rep that I waive any and all due process rights owed me by the VARO up till the date of the BVA hearing based upon the VARO's apparent intentional denial of such rights? If so this will be my intended format for my arguments at the BVA hearing. I will be representing myself and my wife and daughter will testify for me. It would be nice if my grand kids could testify (one 8 and one 14) cause they would definitely tell them a mouth full about the ole man (me).

-oral statement for the waiver of the previous requests for a DRO hearing. Waiver of the requirement to present me with a SSOC.

-Statement on the receipt of an improperly perpared SOC (the orginal one) based upon M21R and CFR 38.

-Introduction of all evidence omitted from the original SOC and the new evidence submitted after my form 9 was submitted. Since NONE, LET ME REPEAT THAT NONE of my medical evidence was discussed in the original rating or SOC, nor was a SSOC was prepared concerning the new evidence submitted I do not know and have no way in hell to determine if they have any of it. At least they only held the NOD for 5 months befor they did a complete denial. That helped a little bit with the waiting game, however, they have held my form 9 now for 15 months so I guess in my case the question of whether to NOD or go straight to the BVA is a mute point. I am still at the 20 month period even though it only took the 5 months with the NOD. Seems strange since the average NOD processing time for the Montgomery VARO is about 18 months. I guess they liked me hahahaha.

-Verbal statement from me as to the effect of all of my disabilities on my every day activities.

-Oral arguments as to the mistakes and improper application of US Code, CFR 38 and internal VA operating proceedures for each disability on appeal. These will include a brief discussion of how my evidence supports my claims, how VA failed to use such evidence, the items they violated in adjudicating the claim and the level of disability that I feel should be awarded for each item etc....

- Ask that they accept oral testimony from my wife and daughter.

I know what I want to tell them and where they can go but maybe I can keep my depression and emotions under control. If I treated them like I treat my poor family as my pain soars off the pain scale they would run for cover.

Edited January 19, 2007 by Ricky

[Guest jangrin]

This was a good question that was asked.

If the VARO does not perform their duties like they are suppose to for example sending the veteran the SSOC when they file new evidence etc. and you end up filing an appeal to move the case to the BVA.

The first thing the BVA wants to do is send the case back to the VARO for proper workup.

Can you waive your rights to have the VARO properly work the claim and have the case stay at the BVA without being remanded back to the VARO?

If we make a decision to have the BVA hearing the last thing I would want is to be sent back to the VARO for them to "do their proper work-up", because it won't get done and will sit forever.

Jangrin

[Dean]

Ricky,

I can see part of what you are asking, but I never noticed you stating that you were being represented by anyone. It is great that you are able to work your own case. You need a representative to help you with this. Your files should be in a locked room while they are being kept for your hearing. I know for a fact that it is very hard to find someone to represent you, that knows their but from a whole in the ground. If you have someone, or an organization representing you, they can help things along some times. Your case sounds like what I have went through over the past 10 years. Read my case and see if it will help you in any way.

Hearing Coming Up, Depression Secondary..........................................

I have had seriously bad luck with representation, but it seems that I am finally finding someone that wants to help me. If you read my attachment you will find my hearing report and my reply to it. I have just gotten a second hearing after asking for another hearing on Oct. 18, 2006. Now that was very fast, and my representative can not even figure out how I got them to work my case this quick. I was represented at my last hearing, but the judge would not even let my representative talk, because he was not competent enough to properly represent me. The judge realized that I have been getting screwed by the system and even put in his letter to the V.A. that they had not properly worked my claim in the past. This was even on issues that were not at my hearing. So, yes you do have a lot of points to bring up at your hearing. Do not let ANYONE tell you that you can not talk to the judge off the record about how your case has been handled. I have an working e-mail address at the BVA bvaombudsman@va.gov. You can contact them and ask for a Fax Number and they will let you submit anything to them, and they will put it in your record. I will give you the information that I have just in case they give you the run around. I just recieved an e-mail from the AMC telling my that they can not send any information to e-mail anymore. I sent in numerous things through e-mail before they recently told me this. (They have to have a case number to be able to find your file. They do not go by your social security number. They will also be blunt on their answers becausse of the privacy act.) The Fax number that I have is for the AMC and that office can put things in your record for you. They are the people in Washington that help gather information for your case. It usually bounces back any forth between the two agencies. I am not sure if this will help or not. If you have been notified about a hearing, your case might be at your local regional office by now. This is when a representative comes in handy, if you can find one that is good and will read your file and help you see if things are in it. Do not try to go to your hearing alone without representation. Also find out what is exactly on your docket so you can prepare properly. Here is the Fax number for Washington D.C. B.V.A.:

WASHINGTON DC FAX NUMBER 1-202-530-9216

TO TALK TO SOMEONE 1-800-923-8387

AMC at the above address or by telephone at 1-866-258-0341

Regional Office via the Department of Veterans Affairs, Appeals Management Center (AMC), 1722 I Street, NW, Washington, DC 20421

You might also want to check out this web site.

http://www.veteranslaw.com/Law%20Update.htm

I hope that I have helped you a little. Fell free to e-mail me with any questions about going to your hearing. You might want to ask your question in my post about my hearing so Berta and I can help you.

[sixthscents]

Fine advice Dean... I'm going to use it as an example if thats ok.

[Ricky]

I have spoken with the local AL and PVA reps in my area both are dopes and can not spell CFR 38 let alone speak on it with authority. My state vet office who said he represents the AL, DVA, PVA and others tried to scold me and told me that I should be happy with the 50 percent that I already had. Therefore, my friends, obtaining a rep for the hearing is out of the question. Since my claim is pending formal appeal I emailed the obudsman at the BVA. They told me that all questions about my claim had to be directed to the VARO so they are out of the picture also. I will do fine by myself and the only way I would take one of these idiots in with me is if they kept their mouths shut. Please don't get me wrong, I am not a know it all but I do know more than they do and can present a much more structured and informed presentation. Trust me, I work for the govt and argue with idiots like those working for the VA on a daily basis. I have spent the last 6 months preparing for this hearing. I have each issue laid out in a logical manner and have all associated arguments and evidence in a single file folder. My only concern is the time limit at the hearing. I am preparing for that also in that I have a condensed version of each issue ready to go. I would hope that no time limit is placed upon the hearing. Oh well guess I will find out when it happens. I still have not received any official written notice of the hearing so the 1800 guys may just have been blowing smoke that day.

[Josephine]

You will do just fine. Represent yourself. I have been and I am doing just fine.

I like to use my own mouth, as I know what it is I have to say and when to say it.

I know what you mean by having a rep open his mouth.

I have yet, to find one, that I would trust to handle my claim.

Oh, by the way, I have one in another state, but he knows that he is not to do a thing to my claim.

He is there in name only. I have only spoke to him once on the telephone and he went all to pieces.

He said that I could think faster than he could speak.

Always,

josephine

Edited January 26, 2007 by Josephine

[Ricky]

Thanks Josephine. Do you have any experience with the board (local DRO or BVA)? If so were there any time constraints? Just trying to figure out how to present my arguments. The presentation of new evidence will be quick as it will be presented and the association to the claim will be discussed. However, my arguments will attack their previous ratings and SOC. I could point out many failures by the VA to apply the evidence in support of the claim and their failure to properly apply 38 CFR to the claim (based upon my interpertation of the regs), but I don't wont to "P" them off by taking too much time.

Ricky