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appeal hearing evidence

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SPO

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So the DAV rep I'm assigned to is making nervous that he will not properly represent me.  He is telling me I can submit any additional evidence I have before the hearing so the judge will have it the day of, or I can wait.  When I look at the BVA website, it says specifically do not submit ahead of time.  On top of that I can't get him to actually answer my questions about what arguments to make.  He did say that I can't argue anything in the C&P exam.  The only argument to make is that my doc is more qualified to diagnose.  I'm pretty sure he won't he even look at my file before going to the hearing.  Also he said that office doesn't usually handle to hearings at the board.  I'm not sure what to do, I don' know if I have time to change representation or anything since my hearing is just under a month from now.  Any ideas what I can do at this point?

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  • Content Curator/HadIt.com Elder

@blahsaysme2uI had a mixed experience with DAV, but much like other organizations I must attribute that to the varying quality of the employees. For years, I had a very competent DAV rep who was very knowledgeable and helpful. When she retired, the replacement probably knew less about VA claims than I did.

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true! i shouldnt make blanket statements about the whole organization bc of my limited experience with them. i only dealt with 1 or 2 reps per VSO. the dav i dealt with 2 different ones..but that doesnt mean all are bad...and i have only dealt with 1 vso at the virginia department of veteran services + the lawyer they provided, and both were fantastic- that doesnt mean all of them are or will be. 

i have heard good things about the dav...just my own personal exp has been awful. they even have an office at the local va and i could never find anyone there(ran into someone in the hall one day-said dude was never there when office hours say) 

best advice- IF YOU ARENT HAPPY OR DONT FEEL YOU ARE GETTING ADEQUATE REPRESENTATION, MOVE ON-QUICKLY! find someone you jive with and someone you feel comfortable with. that is numero uno! (i know i am preaching to choir here, just for those lurking and reading later- i think me and @Vync basically saying the same thing here just in our own style 🙂 )

 

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  • Content Curator/HadIt.com Elder

@blahsaysme2uIt is completely understandable. You can have a great experience with an organization intended to help you out, but all it takes is one bad apple to ruin it for you.

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So, my hearing in on monday 5/24 and I still haven't had any kind of formal meeting with my DAV rep.  Pretty sure they still haven't even looked at my file to prep.  I actually still don't know who is actually assigned to work this.  Can I call them out to the judge or something since its to late to reschedule the hearing.  I don't need these DAV idiots ruining my case because they are lazy.

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