Grounds For Emergency Hearing At Bva

[vaf]

Does anyone have any information on what grounds exist for successfully filing to expedite a Board hearing? Does the veteran have to be terminally ill? I have a case in mind of an elderly person with a cardiac problem, a history of recent hospitalizations, but not formally designated "terminal." He's trying to get an expedited hearing, and has been denied due to his not being terminally ill (he's in his 80's).

Thanks.

[Josephine]

Does anyone have any information on what grounds exist for successfully filing to expedite a Board hearing? Does the veteran have to be terminally ill? I have a case in mind of an elderly person with a cardiac problem, a history of recent hospitalizations, but not formally designated "terminal." He's trying to get an expedited hearing, and has been denied due to his not being terminally ill (he's in his 80's).

Thanks.

Vicky,

Do you mean to advance on the docket?

This may sound terrible to some and I am sorry for those that are waiting so long, but the National Level Of the American Legion helped me to advance.

I wrote a 15 page letter to the BVA of the negligence of the VA and the two C&P examinations that I had.

How I had filed in 1978 and in 2002 and due to the error of the VA of not acquiring my psychiatric records, I was denied.

I located them myself in 2004 at the archives after the VA awarded me a pension in 2003, but denied due to excessive.

No, I do not have a terminal illness.

I was shocked when I received a letter from the BVA that I had advanced.

It is worth a try. I do not know what the rules and regulations are, as I took a long shot and it paid off and now I am advancing through the AMC also.

Josephine

[Philip Rogers]

Does anyone have any information on what grounds exist for successfully filing to expedite a Board hearing? Does the veteran have to be terminally ill? I have a case in mind of an elderly person with a cardiac problem, a history of recent hospitalizations, but not formally designated "terminal." He's trying to get an expedited hearing, and has been denied due to his not being terminally ill (he's in his 80's).

Thanks.

The rules for the BVA are covered in 38 CFR parts 19 and 20. We often forget about other parts as we usually deal w/parts 3 & 4.

pr

[vaf]

Philip, thanks! That's exactly what I need. Part 20 states that the Board docket can be advanced when there's serious illness, "or" in the case of advanced age, 75 years of age or older. There's nothing mentioned about the need for the veteran to be designated as terminally ill.

It looks like the veteran I know would qualify on age and serious illness. I don't know why he was refused, but I'll let him know about this.

Thanks again.

[gdsnide]

Philip, thanks! That's exactly what I need. Part 20 states that the Board docket can be advanced when there's serious illness, "or" in the case of advanced age, 75 years of age or older. There's nothing mentioned about the need for the veteran to be designated as terminally ill.

It looks like the veteran I know would qualify on age and serious illness. I don't know why he was refused, but I'll let him know about this.

Thanks again.

Vickie,

I tried on my own for 7 years to get SC.

Finally I got a lawyer.

Within 2 years I was SC at 100% t & P

A lot of people don't like to use Lawyers as they get part of your money.

But, what is better.

75-80% of the retro pay or none at all?

Had the same problem with the VA

I may be wrong but it seems that government Agencies have a lot more respect for a Lawyer.

Mine told me that as just a single Vet claiming the could string me along forever but he was a Nasty Little Lawyer out of AR who knew their rules.

He told me up front we would win but I was wondering if that would happen.

They didn't loeball us or debate the retro date.

Maybe if one brings in a Lawyer the VA knows that by burying U in paper work & all the other things they do will be to no avail. Also, I would think they know U mean business & it's not just a frivlous claim.

Would give U my Lawyers name but he seems to be sick as I can't contact him for a claim I have going at present.

Alex, who is on the board, gave me the name of a Lawyer he has respect for so will use him if need be.

Be careful of some of these Lawyers as some are a lot better than others

GARY