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JUST SAW THIS ON MY VA.GOV

pctinc2001

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pctinc2001 Enthusiast

pctinc2001

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Hadit family,  can anyone give me some advice on how to handle this Appeal process. I recently looked on VA.GOV and noticed this. how do I prepare to win?

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shrekthetank1 Veteran

shrekthetank1

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They probably have what they need at this phase.  One thing you can do is educate yourself on your disability and how the VA rates them.

http://www.militarydisabilitymadeeasy.com/

This site works very well to show you what they are asking when they ask their questions if you do another C&P.  

Next follow their instructions and do not miss an appointment!  

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broncovet Grand Master

broncovet

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First, I would ask if you plan to represent yourself at this hearing?  If you do, you need to prepare yourself and you should begin that by reading..lots of reading..here on hadit, and also case law similar to yours. 

Its important you get a copy of your cfile, so you know what evidence the VA has, and whether or not you meet the Caluza elements.  You may need an IMO if you do not have a nexus.  If you dont know what a nexus is, or think its a car similar to  Toyota, then you probably need to get a representative to help you.  If you dont know what Caluza elements are, or if you think Caluza is a town  in between Columbia and Venezuala, you need a representative.  

If you have a representative, do they plan on attending the hearing?  Is this an attorney, non attorney agent, or VSO?

Your attorney or agent "should be" competent to represent you at the hearing.  

VSO?  Not so much.  While there are VSO's experienced at hearings, you need to find out if your's is.  I suggest you ask him!

 

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pctinc2001 Enthusiast

pctinc2001

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Thanks for the responses. I'm wondering: 1. can i submit any new evidence at this time?

2. will the V.A. pay for my attorney?

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Christie Contributor

Christie

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6 hours ago, pctinc2001 said:

2. will the V.A. pay for my attorney?

No. The VA will not pay but any good VA lawyer will not take any money until your case has been won, then most are a standard 20% of your back pay. Well worth it. I been fighting for over 20 yrs. Was stuck at 80, in May was awarded 100% by the BVA. Still waiting on back pay and final eff date/back pay amount from my VARO.

"1. can i submit any new evidence at this time?" I believe...BELIEVE it depends on what stage etc. I know once my stuff was at a certain point no more was allowed. I would contact a lawyer. I used Woods and Woods. Great people/staff.

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broncovet Grand Master

broncovet

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1. EAJA pays attorney fees "IF":

a.  Your appeal is to the CAVC. 

b.  You win.  (or get a remand). 

c,  Your attorney applies for eaja fees. 

2.  Yes, you may submit new and relevant evidence "provided that" you use the correct appeal. 

     A.  HLR does NOT allow new evidence. 

     B.  SCL allows new evidence. 

     C Board decisions allow new evidence "if" you appeal with new evidence. 

The effective dates are governed by 38 CFR 3.156

 

Edited by broncovet (see edit history)
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