Waiting for BVA hearing..

[capitan]

I am waiting for a BVA hearing in Columbia, SC. I filed the claim over 5 years ago, and my VSO has no clue when it might be, other than "possibly next year". I don't have to tell you this is a national disgrace. My condition worsens with time.  America's dirty little secret is that there is an epidemic of suicide among vets, mostly Vietnam vets, like myself. They are forced to wait unreasonable, excessive amounts of time. I am told the VA is hoping you will either give up, or die. And they don't care which. This is the way America's heroic vets are being treated. Supposedly there is a tremendous backlog of cases in Washington at the core of the problem. I voted for Trump because he said he would "drain the swamp" and clean up the VA system. I don't know if he will get my vote this time around. The public should be outraged. Why are we not marching on Washington by the thousands?

[vetquest]

This is not a new situation at the BVA.  They instituted policies that were supposed to help and it has not done much.  The reason the BVA is overstressed in my opinion is that the RO's slam these cases together and do not rate them correctly.  Ergo vets appeal their claims to the BVA in record numbers.  I do not know the full numbers of cases decided in favor of the veteran but I have been to the BVA three times.  On the first time they agreed with my RO's contentions and awarded me those benefits.  The second time there were two remands and finally the board decided in my favor on my main contention.  This is a national disgrace but every time they try to fix it, it gets worse.  I believe the RO's should be ranked on the number of times they are overturned at the BVA.

[capitan]

I am specifically trying to find out what I can expect at a BVA hearing. The nature of it, how it works. I am told it is unlike a courtroom, where it is not confrontational. I will have my rep with me (American Legion), but will I be given time to speak, will I have to argue and prove my case, or is it already before the judge, and has he/she already reviewed it? And is there a decision made at the hearing, or is there more waiting time? Also, are residuals decided at that time? And percentage?

[Berta]

Vetquest said

" I believe the RO's should be ranked on the number of times they are overturned at the BVA."

You are so right- and I believe any vet or survivor whose denial was overturned by a costly IME/IME should get that IMO/IME fee refunded to them....either by VA or the federal contractor 'doctor', who did not take the time and effort to read their records and examine them. I believe they (VA) pay 900 bucks for each contracted C & P exam.

Capitan, the BVA will give your case and all of the evidence ,the most thorough reading it will ever get by the VA.

You can send them additional evidence as well, when you get a docket #. Or bring it with you to the hearing.

You asked:

"And is there a decision made at the hearing?" it would surprise me if they did- but others here who have had hearings would know.

"or is there more waiting time? " Yes,but months instead of years , as the BVA the decision is sent to by the RO, which has to render their decision and than rate then claim.

"   Also, are residuals decided at that time? And percentage?"

The BVA very seldom rates a claim. I have seen them do it, but very few times over the years, and they only state a rating on unique circumstances. but it is usually up to the VARO.

Residuals that are in the decision and denied, need an IMO/IME in most cases to be granted as secondary to the prime SC condition.

Unfortunately many BVA decisions are Remands, often for the RO to re do what they failed to do the first time.

That too takes time, but as I recall, (I had a remand, that didn't take too long,) I had combatted the negative additional C & P exam, with my own medical rebuttal.It was for a cardio opinion- I got a PA opinion, and I proved it was too speculative, so the BVA disregarded it. Th BVA due to a prior issue, knew I had cardio knowledge.

The claim by then had 3 IMOs from me, and two deficient VA medical Opinions.I also ordered and paid for another (4th) IMO from a cardio doc, but the BVA award came so fast ( a few months) that the Forensic firm refunded some of my money because the Cardio doctor had not fully prepared th IMO.

You need medical proof that you have claimed residuals from what is a an established SC condition, to gain a secondary SC award.

A strong IMO/IME is often the best investment any claimant can make.

We don't get into politics here- it has always been up to veterans to change the way the VA does business.I have been around the VA block since 1983, and so far,even though GAO reports have revealed the problems involving deficient VA C & P exams, veterans have never pushed Congress to change that - the basic reason why most claims are denied right off the bat, and that problem has gotten worse, and will continue to cause the backlog.

I asked the GAO person who wrote their last report on C & P exam problems, if they had ever gotten input from vets themselves ( or even asked for veteran input)- I think it was the first time she ever got a question like that and she said they might consider that in the future but, in my opinion, veterans have accepted this crap for decades, and Nothing will be done until veterans do it, by writing to the members of the H VAC an S VAC and getting this travesty into the national news and on TV.

Worse of all, some claimants never even question a denial based on a C & P  exam that they know is wrong.

A IMO/IME doctor needs all of your medical records, and also the SMRs for any claim involving an inservice incident that caused the disability.Unless that disability has already been established.

They need copies of the C & P exams as well-because they hold the meat and potatoes of what they can medical attack in the IMO/IME.

We have a full IMO forum here for more info.

 

 

 

 

 

Edited September 29, 2019 by Berta

[Oceanbound]

Welcome to Hadit, thank you for your service.

Now you are coming to light with how the VA is. It has been going on for many decades, I'm sure you have heard the catchy Born in the USA song, and not the lyrics it self by the Boss. Go read them.

When the country has good times less file, when it is not everyone comes out of the woodwork and files. Some aren't aware and only find out via word of mouth.

Spread the word to others about Hadit in the real world and this will help the veterans that might need help.

Go visit and read often ASKNOD's website articles, he shares the inner workings of the VA that we vets don't see.

It is time for you to feed the red Goriya the IMO. The Legend of Zelda from Nintendo in 1985 is clearly not just a video game but shares and tells you have the real world is/operates indirectly though the game. And it is one section that I am active in, while others are active in other sections.

[capitan]

You might be able to afford IMO/IME's. Me and most vets can't. I can't mortgage the house. I don't have a house. I am at the mercy of a merciless VA system. There is no justice. Brave vets like myself are dying while waiting unreasonable lengths of time for resolution, which in many cases never comes. That is a national disgrace. 

[vetquest]

I attended my first BVA hearing without an IMO, just a very dedicated man from the NCOA.  He spoke to the judge and then asked me some questions and the judge did also.  I was awarded benefits for PTSD and my case was won.  You can win without an IMO but it can be difficult depending on the circumstances.