Posted on Jan 1, 2016
What can I expect at a VA appeal hearing? Before, during, and after?
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I am pending a VA Appeal hearing and wonder what I can expect to happen before,during and after hearing.
Posted 10 y ago
Responses: 22
Look up on Google+, or on their site. Attig law group. They explain a lot of stuff pertaining to the VA processes, including how to submit claims, and appeals. Their blog has a lot of good information in it. It is well worth checking out.
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Pamela, is this a BVA (Board of Veterans Appeals) hearing or a hearing being conducted by your local VA Regional Office? If it's a BVA hearing, you are nearing the end of the process. Here's the basic process for an appeal.
It's a long process and can involve many moving parts. Once you have filed the NOD, the VA will notify you of recipe and will ask if you wish to have a de Novo review (complete review of entire file, or a review of only the most recent decision. The de Novo review is your best choice and chance of a favorable decision. Once VA receives your selection, a Decision Review Officer (DRO) will review the evidence of record and make a decision. If VA cannot provide a full grant of the issues on appeal, a statement of the case (SOC) is issued. At this time, the VA also issues a Form 9 which allows you to "perfect" your appeal. Should you have a VSO, they will review and at that time your local VARO will send to BVA. Now, BVA can request that the VA complete additional development (such as additional medical records, C&P exams, service dates, etc.). This is done via a remanded decision by BVA and issued to the Appeals Management Center in Washington DC. The AMC will complete the directives in the remand and if a grant of issues on appeal cannot be completed, a Supplemental Statement of the Case (SSOC) is issued and the appeal returned to BVA for a decision. Once BVA issues their decision, the appeal is returned to the field to carry out the decision by BVA. Should you still not agree with the decision, you can request further appeal to the Court of Veterans Appeals. (CAVC). It can be a long process. My advice, respond to all VA correspondence and obtain a Veterans Service Officer (DAV, VFW, AL, etc.) to assist you.
It's a long process and can involve many moving parts. Once you have filed the NOD, the VA will notify you of recipe and will ask if you wish to have a de Novo review (complete review of entire file, or a review of only the most recent decision. The de Novo review is your best choice and chance of a favorable decision. Once VA receives your selection, a Decision Review Officer (DRO) will review the evidence of record and make a decision. If VA cannot provide a full grant of the issues on appeal, a statement of the case (SOC) is issued. At this time, the VA also issues a Form 9 which allows you to "perfect" your appeal. Should you have a VSO, they will review and at that time your local VARO will send to BVA. Now, BVA can request that the VA complete additional development (such as additional medical records, C&P exams, service dates, etc.). This is done via a remanded decision by BVA and issued to the Appeals Management Center in Washington DC. The AMC will complete the directives in the remand and if a grant of issues on appeal cannot be completed, a Supplemental Statement of the Case (SSOC) is issued and the appeal returned to BVA for a decision. Once BVA issues their decision, the appeal is returned to the field to carry out the decision by BVA. Should you still not agree with the decision, you can request further appeal to the Court of Veterans Appeals. (CAVC). It can be a long process. My advice, respond to all VA correspondence and obtain a Veterans Service Officer (DAV, VFW, AL, etc.) to assist you.
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PFC Pamala (Hall ) Foster
BVA hearing. DAV is my representative. I feel like they are dragging it out still cause i received a letter in November saying that it is pending scheduling, but i am confused about how long it takes to schedule that and why did it take from 2010 til now to get to this stage; I am a bit frustrated and battling alot right now.
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CPL Thomas Visser
I can tell you that the BVA takes time to schedule and complete these hearings. It all comes down to numbers. There are only so many BVA law judges and so many appeals and hearings scheduled. I will tell you that you have three options for your hearing. You can appear in person in Washington DC ( at your own cost), do a video hearing, or appear at a travel board hearing. (The travel board hearing takes place at the local VARO and involves a BVA judge traveling to the RO to conduct the hearing. I wish I could say it happens quickly but it's a timely process. There is a possibility that if you're experiencing financial or severe medical issues, your DAV rep can request to advance the docket. I would talk to him/her to see if your situation merits the advance.
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LtCol Robert Quinter
CPL Thomas Visser - Would receipt of the form 9 be the time to add additional medical records showing that the condition had worsened?
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CPL Thomas Visser
Lt Col Quinter, after you receive the statement of the case (SOC) and any time before "perfecting" the appeal with the form 9, you can add evidence. The SOC should include what to do if you do not agree with the VA decision. I would strongly reccommed adding any evidence you wish because when it gets to BVA they will be reviewing the evidence of record. Hope that helps!
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I was medically discharged in 1987 after sustaining near-fatal (the medics DID declare me dead three times) injuries in a parachute jump in 1982. I filed a VA claim immediately while still up in NC and, after being treated like dirt at the VA Hospital in Winston-Salem, received 10%. I appealed after returning to Alabama. It took a Congressional Inquiry (after the VA denied any record of my being "treated" for the medical condition that ended my career (it is all over my DD-214) and five years to get my rating up to 40%.
I went to a hearing in Montgomery and found the guy there to be deliberately obtuse; it seemed as if he was deliberately ignoring my points. It was almost like, Me: "Look at the problems I had with my knees..."
Him: "Boy, has the weather been crazy or what?"
Me: "I have brain damage from the severe concussion and fractured skull I got in the jump."
Him: "I don't see where you ever had cancer..."
I can't remember the exact conversation, but I believe I am only slightly exaggerating. I do remember he had aggravated my PTSD to the point I finally looked at him and said, "Were you born dumb, or do you deliberately work at being stupid?"
At which point, my representative from the Alabama Department of Veterans Affairs (who have done a lot more by me than any of the veteran's groups - DAV, American Legion, VFW ever have. I know those folks can be great in some areas but I've been disappointed), rolled his eyes. I know, that was the end of the conversation and I don't recommend doing what I did but we had been through some twenty minutes of him appearing to deliberately avoid the issues I was trying to bring his attention to. That, and the idea I got the feeling the guy had either never served in uniform or was a REMF, got under my skin.
When I got the letter from the VA not only denying my claim but having any records of my issues I wrote my Congressman. Within six months my rating was upped to 40% and as others have said, I got back pay.
Six years ago, I was forced by my injuries (which get worse as time goes by) to retire from my second career as a schoolteacher. I was medically retired as a teacher, that, in turn assisted my getting Social Security Disability, and both of those helped my case with the VA in getting upped to 100% for inability to work. Sadly, there is still no specific rating for my actual condition and they use another scale for a "similar" condition, which is like rating a guy with melanoma for acne. But it is what it is.
Best wishes in your claim. I suggest getting any paperwork you have concerning any disability, including if you are drawing any other type of disability, such as SSI and bringing it along to substantiate your claim.
Also, remember, it has been my experience the VA adjudicators tend to ignore civilian medical records so try to get as many military and/or VA records that substantiate your claim as possible; not saying don't bring civilian records but don't rely on them alone. Hope this helps.
I went to a hearing in Montgomery and found the guy there to be deliberately obtuse; it seemed as if he was deliberately ignoring my points. It was almost like, Me: "Look at the problems I had with my knees..."
Him: "Boy, has the weather been crazy or what?"
Me: "I have brain damage from the severe concussion and fractured skull I got in the jump."
Him: "I don't see where you ever had cancer..."
I can't remember the exact conversation, but I believe I am only slightly exaggerating. I do remember he had aggravated my PTSD to the point I finally looked at him and said, "Were you born dumb, or do you deliberately work at being stupid?"
At which point, my representative from the Alabama Department of Veterans Affairs (who have done a lot more by me than any of the veteran's groups - DAV, American Legion, VFW ever have. I know those folks can be great in some areas but I've been disappointed), rolled his eyes. I know, that was the end of the conversation and I don't recommend doing what I did but we had been through some twenty minutes of him appearing to deliberately avoid the issues I was trying to bring his attention to. That, and the idea I got the feeling the guy had either never served in uniform or was a REMF, got under my skin.
When I got the letter from the VA not only denying my claim but having any records of my issues I wrote my Congressman. Within six months my rating was upped to 40% and as others have said, I got back pay.
Six years ago, I was forced by my injuries (which get worse as time goes by) to retire from my second career as a schoolteacher. I was medically retired as a teacher, that, in turn assisted my getting Social Security Disability, and both of those helped my case with the VA in getting upped to 100% for inability to work. Sadly, there is still no specific rating for my actual condition and they use another scale for a "similar" condition, which is like rating a guy with melanoma for acne. But it is what it is.
Best wishes in your claim. I suggest getting any paperwork you have concerning any disability, including if you are drawing any other type of disability, such as SSI and bringing it along to substantiate your claim.
Also, remember, it has been my experience the VA adjudicators tend to ignore civilian medical records so try to get as many military and/or VA records that substantiate your claim as possible; not saying don't bring civilian records but don't rely on them alone. Hope this helps.
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PFC Pamala (Hall ) Foster
I can see that you getting Congressional involvement WAS needed and I MAY need to involve my Senator in this as well. They have mine up for scheduling to hear my disagreement and if they anger me, it may NOT be a great idea cause as times temper is not very controllable due to surviving abuses.
I am appealing due to Disagreement of ratings that were issued in 2010 saying my sight, migraines and MST are NOT service connected. I think WE veterans need to get together and make the VA more accountable to US and keep promises to us that they made to care for us since we 'signed the check' and paid the price.
I am appealing due to Disagreement of ratings that were issued in 2010 saying my sight, migraines and MST are NOT service connected. I think WE veterans need to get together and make the VA more accountable to US and keep promises to us that they made to care for us since we 'signed the check' and paid the price.
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SSG Wayne Wood
I would advise (and should have said so earlier) you give VA every chance to do the right thing. The Congressional route is the Nuclear Option only after the VA has failed on all counts to do the right thing; it's been give them time and they will fail to do the right thing in my experience - as far as the disability ratings side of the house is concerned.
I don't know all the details of your case but if you filed the disagreement in a timely manner and it's been over five years I think you have a legitimate gripe here and it might be nice for someone to know you have a Congressman interested in your case.
By all means try to keep your cool; I'm usually better at it than I was that day but the guy's whole attitude and the garbage I'd been through - first with the Army before they discovered my service connection and then with the VA - pardon the expression, I felt like a Kleenex (or something similar) that had been used and now they were trying to flush me down the toilet. I went off. Probably hurt my case, but it came out all right in the end.
I don't know all the details of your case but if you filed the disagreement in a timely manner and it's been over five years I think you have a legitimate gripe here and it might be nice for someone to know you have a Congressman interested in your case.
By all means try to keep your cool; I'm usually better at it than I was that day but the guy's whole attitude and the garbage I'd been through - first with the Army before they discovered my service connection and then with the VA - pardon the expression, I felt like a Kleenex (or something similar) that had been used and now they were trying to flush me down the toilet. I went off. Probably hurt my case, but it came out all right in the end.
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Motion of Disagreement was filed in 2010 and I am waiting for the hearing to settle the disagreement. They say some of my injuries were NOT service connected, but they were. Just trying to figure out IF I am going to wait another 6 years, or if I am seeing the light at the end of the tunnel as they say
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Well one thing is if it seems to take to long, involve your government people. Senator or whatever you can. Send an email to their office. I was told my va claim would take 3 years. I called and emailed my congressman and senator. It took 18 months but I got 100% va rated. During the appeal, f you decide to be there, expect them to question everything. Bring as much proof as you can. From all your doctors. See if you can get your doctors to write letters for you about your issues and what is being done and the possible outcomes good or bad. The board will not believe anything you say so bring proof, as much as you can get. Get your military records, civilian records, and VA records. And see if you can get a lawyer who handles VA claims.They specialize in that area. You may need one.
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PFC Heydt, I'm in the same boat as you are. I was medically Retired in Sep. 10. Because my MEB was started in March 09; I had to wait until I was released from Active Duty before a decesion on my disability claim was made. I'm a Desert Shield/Storm Veteran that was injured from Chemical/Biologic Weapons (CBW) exposure when an ammo dump in Southern Kuwait was destroyed and there were CBW shells mixed in with the regular shells. I've got nerve damage throughout my entire body from the neck down because of this and the other environmental factors that occurred to my unit, since we were only 60 miles from the border of Iraq and Kuwait. I had a letter from my Neurologist at the time stating that I was not allowed to work any more due to the nerve damage. I filled for Social Security disability 1 Oct. 10, and started receiving it 6 months later. The VA has me at 90%, and won't give me the last 10% and my Individual Unemployabiliy because according to the VA, I can hold a sedentary job like answering the phone of filing paperwork in a back office. I've filled appeals every time through the VFW VSO's at the regional VA office and I'm still waiting to hear when my hearing will be. Good luck with your case. And, if you do decide to get your Congressional/Senator involved it can take even longer from what my Veterans Affairs representatives have told me.
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I have been injured since 2003 Mosul Iraq, released in 2005 honorable medical release combat service connected disability and I am only 20% and have been fighting since pm to get it raised! So be well prepared and make sure your files are SQUARED AWAY ! my injury is spinal canal stenosis degenerative disc disease neuropathy, limpoma, ptsd, small vessel ischemic disease, a plethora in my files somewhere around 30 different things so far... so be ready for the loooooooong haul.
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