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.
Question
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 by RickyLink to comment
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