Written argument with a waived hearing request

[Hucast21]

Hi all,

My BVA hearing is scheduled in April, but my attorney is going to submit a written argument and waive hearing request. Has anyone had any experience with this and does this speed up the claims process? Any information will be greatly appreciated.

Thank you

[GBArmy]

Hucast21 It sounds to me like your lawyer is of the opinion your case evidence is strong enough that you don't need a face-to-face hearing. You should be asking him if that is the case and see what else you could add that would be stronger if met in person. If he is correct, then yes, it could proceed much quicker for you. Just be sure you are on the same page with the lawyer.

[Hucast21]

2 hours ago, GBArmy said:

Hucast21 It sounds to me like your lawyer is of the opinion your case evidence is strong enough that you don't need a face-to-face hearing. You should be asking him if that is the case and see what else you could add that would be stronger if met in person. If he is correct, then yes, it could proceed much quicker for you. Just be sure you are on the same page with the lawyer.

I think this is the case because I have documented evidence of my contentions in my military medical records plus an IMO from a specialist. The only hiccup was an unfavorable C&P exam and not filing a claim within a year from leaving service (the rater actually used this reason along with the unfavorable C&P exam to deny me).

To all active duty service members reading this, please document everything while you’re still in and file a claim preferably while you’re transitioning out from service (BDD - Benefits Delivery at Discharge).

 

[GBArmy]

Not filing within a year (for presumptives) is NOT a valid reason to deny. Your lawyer hopefully pointed that out in your appeal.

[Hucast21]

4 minutes ago, GBArmy said:

Not filing within a year (for presumptives) is NOT a valid reason to deny. Your lawyer hopefully pointed that out in your appeal.

Yes, my attorney will point that out in the written argument. In fact, he was surprised that the rater actually brought that up in the Statement of the Case.

 

[Carl the Engineer]

The deny, for not filing within a year, comment, could be a reference to your claimed EED, earliest effective date, and nothing more than that, and having nothing to do with the disability claimed.

Hamslice

 

[Buck52]

On 1/17/2021 at 11:03 AM, Hucast21 said:

Hi all,

My BVA hearing is scheduled in April, but my attorney is going to submit a written argument and waive hearing request. Has anyone had any experience with this and does this speed up the claims process? Any information will be greatly appreciated.

Thank you

Sorry not that familiar  with your case.

NOT SURE WHAT LANE YOUR IN FOR PROCESSING OF YOUR CLAIM?  REMEMBER IF YOUR IN THE HRL (Higher Review Lane)  no new evidence allowed  but surely your attorney knows this. 

Was you denied your benefits? is this a case were you disagreed with their decision? or did you apply for Increase?& Denied?

 Whatever the case maybe   I sure hope your in the Supplemental lane have new evidence that has not been summited & I hope your Attorney is correct in  canceling your Hearing.

My reason for saying this  is because the BVA is better and most favorable to get your claims approved  because the VA always are pulling tricks out of a hat that bogus our claims

you might want to call into the exposed vet hadit show TONIGHT and ask them about this,VA Agent-Bethany Spangenberg. & Hadit elder member  VA Certified /Accredited Claims Agent  Alex Graham will be taking our questions

these guys are top notch Certified /Accredited VA Claims Agents  and its Free Information.

the call in #(515) 605-9764  show starts at @ 7:00pm 6:00pm Central time

Good Luck  and let us know How it turns out.

Edited April 1, 2021 by Buck52