Question On Va Hearings

[Berta]

http://209.85.165.104/search?q=cache:pm60w...=1&ie=UTF-8

I might be missing something but does a claimant have the right to submit an additional claim at a hearing?

I thought hearings were focused solely on the last SOC ,or denial, or whatever and the vet can present oral argument with additional evidence as well as witnesses-etc etc -this stuff in this m21-1 link-and a separate issue can potentisally be raised but I thought- only if it was probative to what the hearing was actually for.

Do vets go to hearings with additional new claims? If they do does the VA then do something with these new claims at the hearing?

Thanks all.

[Dean]

Berta brought this up because I am getting ready to go to a hearing on Feb. 06, 2007.

I did bring up some things at my last hearing that the judge could not discuss. The judge did take note of this and when he reviewed my case he mentioned them. The judged pointed out that the claims were already started ans some of them had been overlooked. He asked that these claims be looked in to. He stated that they were out of his jurisdiction but he did mention that the cases did need to be worked. He stated that if they were worked properly that they could present a bearing on my case that he had.

MY CASE CAN BE READ HERE: http://www.va.gov/vetapp05/files1/0502690.txt

This is the discussion that we are having: Hearing Coming Up, Depression Secondary

http://www.hadit.com/forums/index.php?show...amp;#entry39014

I have a lot of issues pending and I need serious help. Berta is trying to help me but this is a big case. I am going to be submitting a lot of things at my hearing this time. I was told last time that I could not even talk to the judge about anything that was not on the docket, because it did not pertain to my case at hand. I ended up turning in some things that got put into a temporary file and never were worked. I think that If I had turned these things in to the judge, He would have had used some of what I put in. If anyone can help me with my case I will greatly love it. Thanks, Dean

[Berta]

I assume the hearing grew out of the Remand? I am only guessing- I cant tell-

If so-the remand stated that it appeared the RO had not obtained your SSA records yet- these records could be critical to your case.

Do you have positive proof that the RO has these records by now?

In all of the issues in that remand this is the one that concerns me the most- TDIU-it appears that the issue was raised in 1999.

The BVA could not hold jurisdiction :

"Consideration of TDIU in this case would necessarily involve

consideration of the veteran's other service-connected

disabilities (nerve residuals of a left inguinal hernia

repair, a back disorder and a right wrist disorder), which

are not here on appeal. Therefore, the Board concludes,

based on the VA General Counsel Opinion referred to above,

that it does not have jurisdiction over the issue of

entitlement to TDIU. That claim is accordingly referred back

to the RO for appropriate action."

I am assuming that this is still a pending issue and they have not denied you yet for TDIU?

Since you have a diagnosis of depression and the medical statements from doctors that state this disability is due to your service connected disabilities-

I hope that you have sent copies of this evidence (the medical statements) to the RO in support of your TDIU claim.

As long as they gave a good medical rationale and are professionals in the field of psychiatry or psychology- this is excellent evidence of total unemployability due to SC disabilities.

I think the judge could not accept additional evidence that you brought because he did not hold jurisdcition over it- such as the TDIU issue.

You are right Dean-I never had a hearing and wanted to clarify this-with Vike-

I think Vike meant - give a DRO anything you got at an informal conference-but a hearing resulting from a BVA appeal sticks mainly to the case that was before the BVA.

You mentioned somewhere that you had 25 claims-

You only need one formal claim filed for TDIU-and you seem to have the evidence-for that-

medical statements that state your depression is caused by your SC disabilities.

I guess I am confused because it appears to me that this hearing results from the remanded conditions-and not TDIU.

In the last decision you got, did VA defer the TDIU issue or did they say they considered you but gave reasons why they did not award it?

I also have to assume that you Nodded this if they mentioned TDIU but denied it and that the TDIU claim is still pending-

I would-if I were you-go to the VA Iris system at their web site and send VA a brief inquiry as to the status of your TDIU claim.

Also I am thinking -maybe they never got the SSA records or even the medical evidence you mentioned here to support this claim.

I see the State of Georgia represents you-

I think they could easily check this too for you--if you dont want to use the Iris system-for

the status of the TDIU claim- and

whether the VA has those medical statements to support this in your c file.

All the other issues could be rendered moot with a TDIU award- but you could pursue any of those other issues if they could eventually lead to SMC.