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Starting To Prepare For Bva Hearing

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Ricky

Question

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.

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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

Ricky,

Sit yourself down with a clock and make your presentation (role playing). Note how long it takes you. At the start of the hearing, tell the BVA rep that you need (whatever time it took) to present your arguments and will that be a problem?

The BVA rep will greatly appreciate the info and realize that you're really organized for the session. This will probably get him/her to cut you more slack than you think.

Ralph

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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

Ricky,

Sit yourself down with a clock and make your presentation (role playing). Note how long it takes you. At the start of the hearing, tell the BVA rep/DRO that you need (whatever time it took) to present your arguments and will that be a problem?

The BVA rep/DRO will greatly appreciate the info and realize that you're really organized for the session. This will probably get him/her to cut you more slack than you think.

Ralph

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Ricky,

Sit yourself down with a clock and make your presentation (role playing). Note how long it takes you. At the start of the hearing, tell the BVA rep/DRO that you need (whatever time it took) to present your arguments and will that be a problem?

The BVA rep/DRO will greatly appreciate the info and realize that you're really organized for the session. This will probably get him/her to cut you more slack than you think.

Ralph

Ricky,

Be very courteous and do as Ralph has said and don't think that you won't be a tad nervous, even the best of us experience the old butterflies. I would tab my information by color. The most important thing is to show your confidence in what you say and how you speak and most of all believe in yourself!

I would take the most important things and tab them with red, so that they will be easily for you to readily see and thus allowing no confusion on your part. Look them in the eye and be sincere. If you are on any medication for your nerves, by all means take it, but only the prescribed dosage.

Good luck and you will do spendid.

Always,

Josephine

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