Posted on Jan 1, 2016
PFC Pamala (Hall ) Foster
8
8
0
I am pending a VA Appeal hearing and wonder what I can expect to happen before,during and after hearing.
Avatar feed
Responses: 22
PO1 Glenn Boucher
8
8
0
All I know is that the wait is long, I filed an appeal in 2015 and was told that it could take up to 5 years for the board to even look at my appeal. I don't understand why the process is so long, it makes absolutely no sense at all.
The only good thing is that if you win your appeal they will back pay you from the original date of the appeal. One of my wife's coworkers was awarded just over $125,000 2 years ago from an appeal he had filed several years earlier.
Good luck to all of us waiting on the clunky, dinosaur driven VA to make a move.
(8)
Comment
(0)
Avatar small
SGM Chief Executive Officer (Ceo)
1
1
0
PFC Pamala (Hall ) Foster You are on about the right timeline for the BVA hearing. Don't expect an answer at the hearing - this is only for the law judge to hear from you and go over any questions he or she has about your case or the evidence. It's also the opportunity for you to introduce any new evidence or claims you might have, and to point out the highlights of your case, the strong points of your evidence, your major points of disagreement with the original and any other decisions made.

The hearing officer will be a lawyer who has been appointed as an administrative judge by the VA. As someone else mentioned to you, rightfully so, give them a chance and they generally will do the right thing. They can grant your award in full, grant it in part, deny it completely, deny parts, or send all or some of it back to the VARO for further work. Those are the choices they have; not all great options.

There is some good information about the BVA appeals process right on their own home page: http://www.bva.va.gov You can do a Google search that will give you more information on what happens during the hearing. I've heard good things about DAV representation in some places, but the office here in Baltimore has been no help to me at all, and I haven't been able to find any lawyers interested in taking the case, either. But try to find someone you are comfortable with to represent you, and that will help immensely. Have copies of all you paperwork, evidence, forms, supporting notes, and anything you might need, and have it organized and marked so you can find it quickly when being pressured to produce it. But stay as calm as you can and don't let them rush you more than you want to be rushed! Take deep breaths and think your responses through before saying a word when you answer the questions put to you. Think of what they are asking and why, then tell them the truth, but put it in the terms most favorable for what you're trying to make them understand.

I also think it's helpful for you to have some research on other cases like yours to use as references and support. You can find those here http://www.index.va.gov/search/va/bva.jsp and for the Court of Appeals for Veterans Claims (the next step up from the BVA in legal ruling terms) at http://search.uscourts.cavc.gov

Good luck!!
(1)
Comment
(0)
SGM Chief Executive Officer (Ceo)
SGM (Join to see)
10 y
Oh, and use the wording and phrases right out of the applicable law and the VA's own MI21-1MR manual for processing claims. Tell the judge what you believe the rating codes and disability percentages should be, based on those guidelines.
(0)
Reply
(0)
Avatar small
CPL Thomas Visser
1
1
0
Is it a hearing or have you filed an appeal of a decision? If you need, I can provide a summary of the process.
(1)
Comment
(0)
PFC Pamala (Hall ) Foster
PFC Pamala (Hall ) Foster
10 y
HELP needed
(0)
Reply
(0)
Avatar small
Avatar feed
What can I expect at a VA appeal hearing? Before, during, and after?
SSG Jeff Harris
1
1
0
I got mine back within a month after my appeals.
(1)
Comment
(0)
Avatar small
PFC Joseph Levi
1
1
0
I deal with this kind of stuff on a daily, the wait time to beat back on an appeal is no less than 11 months.
(1)
Comment
(0)
Avatar small
PFC Joseph Levi
1
1
0
You are getting a hearing or you you filed A NOD to appeal the outcome of your claim?
(1)
Comment
(0)
PFC Joseph Levi
PFC Joseph Levi
10 y
Ok so it was an appeal. They filed a notice of disagreement (NOD). Appeals take up to 12 months to complete. For a regular claim, after 6 months you should contact your Congressman or woman to put an inquiry in on your behalf. What do you mean that it is pending to be heard? For them to review it or you have to go to a hearing?
(1)
Reply
(0)
Cpl Tim Linville
Cpl Tim Linville
10 y
took 1 year 10 months after hearing. I received a letter that a careful and compassionate decision has been made ( lmao, what a joke ) , they neglected to tell me what the decision was, That was two weeks ago. I wish I could sue them in civilian court.
(1)
Reply
(0)
PFC Joseph Levi
PFC Joseph Levi
10 y
That's when you contact your congressional representative where they will be able to put an inquiry in and their name will be attached to your file stating that there is a congressional interest in your case. I can't say it will move faster, but *wink wink*.
(0)
Reply
(0)
SGM Chief Executive Officer (Ceo)
SGM (Join to see)
10 y
It sounds more like she has finished her local appeals at the VARO and has been waiting for her case to come up on the docket at the BVA for the formal hearing of her appeal to the Board.
(0)
Reply
(0)
Avatar small
PFC Pamala (Hall ) Foster
0
0
0
Get a certified Service Officer from DAV, VFW, Order of the Purple Heart to help. When I did that and got a Senator to see why the backlog and stalling, things moved fast. I say contact DAV and American Legion.
(0)
Comment
(0)
Avatar small
PFC Pamala (Hall ) Foster
0
0
0
It's OVER- early 2017 was when they got off their asses and thanks to a Senator in Michigan, everything was righted in a few days and calls. 100% SC and back paid. Now I am pending surgery to help my eye AND fix the broken nose I got in training. Just took and DAV opening the books and Sen Stabenow of Michigan to get things done. 9 years fighting for benefits earned and I have heard of veterans waiting OVER 30 years to get things right. Election time, I am working to clean house and put women and men in the office that KNOW what they are doing and they are FELLOW Veterans like us. Forget party lines, we NEED qualified!
(0)
Comment
(0)
Avatar small
Debbie Gray
0
0
0
Who assisted you in filing an appeal? I ask because my entire records hand delivered were lost when this amazing Marine Rep stepped up to help me & passed away shortly after...my entire documentations & records where lost in the process of getting to another Rep... I wish I could assist you, but never got heard. Best Wishes!
(0)
Comment
(0)
Avatar small
TSgt Robert Moore
0
0
0
Edited >1 y ago
Not much but to hem & Haw and tell you they can't help you or at least that's been my experience with the VA. I injured my lower back in 1986 when I was in the military and they refuse to even look at it. I retired from the military in 1996 and have been trying to get them to look at my lower back. They won't even acknowledge it. I have had a civilian surgeon tell me he could operate to fix it but there is an 85% chance I'd be paralyzed from the waist down. But the VA refuses to even look at it even though the injury occurred while on active duty.
(0)
Comment
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close