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Stayfocus

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Whodat
Whodat

It was said "we didn't do a direct review". "Law recommended a direct hearing".

pacmanx1
pacmanx1

I know a play on words but just for clarity, the comment was: The reason clarity is needed is because it was the lawyer recommended an actual hearing and not the law recommended a direct hearin

MilvetHD
MilvetHD

I'm a Marine, I've never had a issue pissing anyone off, in fact it's one of my best characteristics. So whether or not they take it negatively isn't a concern of mine and I respectly suggest it shoul

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blahsaysme2u Mentor

blahsaysme2u

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2 hours ago, Whodat said:

why a direct hearing?

honestly i cant remember the reasons he gave me now....it was on phone call and my memory is so terrible- all i remember is that direct review stalled EED claims and usually ended up getting appealed again and that hearing with judge would allow us to point him to the evidence and make sure they understood the arguments being made. 

i hope that helps- im not sayng that direct review is wrong or right- just what my lawyer recommended for my case 

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pacmanx1 Grand Master

pacmanx1

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Posted (edited)
4 hours ago, Whodat said:

"Law recommended a direct hearing".

I know a play on words but just for clarity, the comment was:

21 hours ago, blahsaysme2u said:

my lawyer recommended actual hearing bc that gave a chance to speak to a judge and force them to look at the evidence we wanted them to focus on.

The reason clarity is needed is because it was the lawyer recommended an actual hearing and not the law recommended a direct hearing. 

A lot of attorneys don’t like doing a direct review without a hearing because they don’t want the VA attorneys and the judge to miss probative (supporting) evidence. I know some may disagree but some attorneys stall to get a higher fee. The fee comes from either the veteran or the EAJA and even though I think there is some type of cap, it is normally about 20% to 30% of the veteran’s retroactive payment but not including any future payments. Keep in mind that hearings take a lot longer.

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Stayfocus

Stayfocus

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2 hours ago, blahsaysme2u said:

honestly i cant remember the reasons he gave me now....it was on phone call and my memory is so terrible- all i remember is that direct review stalled EED claims and usually ended up getting appealed again and that hearing with judge would allow us to point him to the evidence and make sure they understood the arguments being made. 

i hope that helps- im not sayng that direct review is wrong or right- just what my lawyer recommended for my case 

Gotcha👍

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blahsaysme2u Mentor

blahsaysme2u

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12 minutes ago, pacmanx1 said:

I know a play on words but just for clarity, the comment was:

The reason clarity is needed is because it was the lawyer recommended an actual hearing and not the law recommended a direct hearing. 

A lot of attorneys don’t like doing a direct review without a hearing because they don’t want the VA attorneys and the judge to miss probative (supporting) evidence. I know some may disagree but some attorneys stall to get a higher fee. The fee comes from either the veteran or the EAJA and even though I think there is some type of cap, it is normally about 20% to 30% of the veteran’s retroactive payment but not including any future payments. Keep in mind that hearings take a lot longer.

could be both honestly- now that i am seeing how long this is taking...but i am glad i had the hearing and spoke to the judge...it made me feel better to talk to him and he asked questions that make me think he wouldnt have gotten to the right conclusion just based on reviewing my records...but every case is different...and peace of mind is worth time sometimes...and my cap is 20% so whatever- even if its stalling for lil extra payout for my lawyer my peace of mind knowing i said everything possible to win this is worth it IMHO. 

i dont need the money- i am fighting out of principle of correcting the record- others need it and need it yesterday...do what is best for you and yours- no judgment from me 🙂 wish you all luck and happy awards sooner than later

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MilvetHD Enthusiast

MilvetHD

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I am 414 days into waiting for my BVA hearing. I called the White House line and they opened an inquiry but I have not been able to gather any more information, so I called the Boards customer service line as directed and their systems was down. I understand the backlog and everything, I'm not loosing any sleep on waiting, but it pisses me off that we can't ever get timely information. 

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Stayfocus

Stayfocus

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46 minutes ago, MilvetHD said:

I am 414 days into waiting for my BVA hearing. I called the White House line and they opened an inquiry but I have not been able to gather any more information, so I called the Boards customer service line as directed and their systems was down. I understand the backlog and everything, I'm not loosing any sleep on waiting, but it pisses me off that we can't ever get timely information. 

I heard submitting an inquiry via White House hotline will not do anything to but piss off BVA personal.

This has a negative impact rather than answering your issues.

 I hope that is not true, but this information was enough to deter me from not submitting a White House hotline inquiry.

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