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BVA appeal question (AMA, not legacy)

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Vync

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  • Content Curator/HadIt.com Elder

Will have a chance to interactively ask questions related to the facts of my appeal like I did previously before the BVA some 20+ years ago before the AMA changes were made?

During the hearing, the BVA person would not answer any questions about the merits of my appeal. They simply swore me in, asked some related questions, let me make a verbal statement, and said a different BVA person would get the hearing transcript and make a decision soon.

 

 

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Maybe.  I have been to the BVA around 7 times, but never did do a hearing, because I cant hear well.  

My advice:

    Do your homework:

    1.  Have a copy of your own file, and "highlight" key favorable exams and evidence.  This way you can ask to see your file, quickly go through to see if BVA's file has the same evidence you do.  If they dont, give them a copy right away.  

THIS IS THE MOST IMPORTANT PART of the hearing (from your viewpoint), because you need to make sure they have the applicable evidence.  "Missing evidence" happens so often, that there is even a regulation for when it happens:  38 CFR 3.156

    2. Make a list of the questions, with the "highest priority" on the top.  

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  • Content Curator/HadIt.com Elder

@broncovet When they asked if I had anything I would like to day, I gave a verbal recap quoting from the C&P exam results and laws/regs to explain how the rater failed to come to a more favorable rating. Crossing fingers...

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