waiting for a hearing worth it?

[SPO]

I'm sure this is a question that doesn't have a sure answer, but I am wondering what kind of wait times for a hearing people have heard of/experienced when appeal under Appeal Modernization.    I am in line for an appeal hearing, but is it worth the wait when I could go into the evidence appeal line faster? The only thing I'll be pointing out to the judge is that an under qualified examiner changed a diagnosis made by a specialist and that the exam was significantly sub par (didn't even physically examine all the claimed issues).  It seems like I could easily put that in writing and submit it for a judge to review without me.  Any thoughts/suggestions?

[broncovet]

This is exactly why I dont do hearings, in part.  Im hearing impaired, so my preferred communication is "not" spoken, but written.  

And, like yourself, I type a letter (normally when I file the appeal) detailing (but not too much detail) why I deserve a higher rating.  Its worked for me.  

Others, however, have had good luck with hearings.  Those people, tho, are not hard of hearing like me.  

Its a judgement call "you" have to make, you are the "referee" on your own claim.  I told you what I did, but you have different circumstances.  

If you do well with hearings, go for it.  Otherwise, do it in writing like I did.  

[ShrekTheTank]

I have had crap luck with hearings.  Lay statements and other letters have worked the best for me.

Either way does work, but like Bronco said it can be hit or miss.

[Buck52]

3 hours ago, broncovet said:

This is exactly why I dont do hearings, in part.  Im hearing impaired, so my preferred communication is "not" spoken, but written.  

And, like yourself, I type a letter (normally when I file the appeal) detailing (but not too much detail) why I deserve a higher rating.  Its worked for me.  

Others, however, have had good luck with hearings.  Those people, tho, are not hard of hearing like me.  

Its a judgement call "you" have to make, you are the "referee" on your own claim.  I told you what I did, but you have different circumstances.  

If you do well with hearings, go for it.  Otherwise, do it in writing like I did.  

i had a DRO Hearing at my reginal office  back in 2002  way before this new AMA Stuff  and I have profound hearing loss , I learn how to read lips and some sigh language (I had to could not afford hearing aids back then ) but my hearing problem help me  with the DRO  He Could see up close face to face  that I had problems hearing and word decimation AND AT TIMES HE NOTICE I STUTTERED he even wrote this in my award letter  What We decided 

 This Veteran Hearing loss disability is real   with a Senior DRO and a RATING SPECIALIST PRESENT AT HIS HEARING  it is obvious his disability is real  and a increase is warranted  based on the evidence shown and two Senior rating specialist at his hearing... ect,,,ect,,

The DRO had all my claims expedited that same day  and gave me TDIU P&T

I never understood why a Veteran has to have a hearing in the first place if he can't hear what is being said?

I never understood a word they said  at my hearing and they had to write it all down  my VSO help a lot he answered some of the questions for me  which he new my case pretty good. After 5/6 years of continuous Appeals.

But in my opinion it just depends if you have new evidence to show them in person  and you get a fair DRO (Judge)  vs  trusting a rater to read all your evidence  to give you a approval or fair rating on your claim.......because some time these raters do not read enough  before they make their decision...we can Appeal  but who likes to Appeal  grrrr

Actually a Hearing is a place you can lay it all out on a line and tell them your problems and if you have medical evidence to provide them that helps

I had a IMO/IME Letter from a Specialist  and I told this DRO  hell we paid good money for him to check me out test me and all the damn crap y'all need to help me out , he just laugh.  I said hell you can't get any better evidence that that  other than seeing me here in person to witness my disability.

Anyway my hearing went ok for me.  but not all hearings turn out the way my did  so just use your brains and do what you think is best for you.

[SPO]

While my hearing isn’t what it used to be I can physically get by in the hearing.  My issue is if I can convey they information necessary in writing without having to wait years to say it to a judge, will I have as good of chance of winging.

[Buck52]

10 minutes ago, SPO said:

While my hearing isn’t what it used to be I can physically get by in the hearing.  My issue is if I can convey they information necessary in writing without having to wait years to say it to a judge, will I have as good of chance of winging.

We can't answer that for you  only you know about your case   if you have the evidence to provide the hearing officer I would take the chance at the hearing  vs having them or  trusting to read your evidence without you there , like I said some of these raters either can't read or don't read enough of our evidence to give us a fair hand  At  hearings you can show them your disability up close and in person.

it's basically a 50/50 split .

I had 60 days to prepare for my hearing  After I elected the Hearing  the DRO SENT ME A LETTER LETTING ME KNOW THE DATE, TIME ,LOCATION AND HOW THE HEARING WOULD BE CONDUCTED.

WE WENT A DAY BEFORE THE HEARING  GOT A MOTEL ROOM ,SO WE COULD BE FRESH  THE NEXT MORNING.

Edited December 4, 2020 by Buck52

[Buck52]

14 hours ago, SPO said:

While my hearing isn’t what it used to be I can physically get by in the hearing.  My issue is if I can convey they information necessary in writing without having to wait years to say it to a judge, will I have as good of chance of winging.

Why would it take years for a hearing?  they may be pretty backed up,  but if you request a hearing they should get back to you within 60days and I understand they can do these hearings virtually  zoom or skype  via Tele-Conference  ect,,ect,, or ask you to come in to your R.O. 

As for as winning your case if you have concrete evidence  strong evidence in your favor  its hard for them to deny, and at a hearing, and you being there in person you can talk to them and state your case  you will be able to ''convey''  your evidence better in person vs trusting a rater to convey it or even read most of it...now I am not saying a rater won't read all your evidence  but some don't  or don't read for enough down to get to some very needed areas for them to read...so if your there in person you can point out different factors that you want them to look at  that will help your case as long as you have favorable evidence  that has good merit to it  they usually approve the claim.

All Veterans need to speak up at their hearing or make sure your VSO does.

At your hearing the DRO Introduces him self and describes how the hearing will go and sit you in a place your comfortable with,  they and ask if you want a formal hearing  or an Informal hearing ? and he explains the difference , they have microphones at all the seats  usually on a long table with 8 chairs on the side and you sit across from the DRO ,he swears you in and they start asking questions  ( I took the Informal hearing)   after the hearing the DRO will let you know how long you may need to wait for a decision if they can't make it that day?  but usually you will know if your hearing was favorable to you by the way the hearing goes, if they can't make a decision on that day  you will get a SOC sent to you from the DRO..so if you get a SOC  then it's more than likely means they could not come to a decision  and the SOC will let you know why and what to do next.  (SOC)= Statement of the case)

So if you have strong evidence that you want to present at the hearing and you can ask them questions if you don't understand something? 

Remember  favorable evidence that has merit is a Veterans best friend  that is what wins these cases.

 However, some times you may get more than what you expected.