What can I expect at a VA appeal hearing? Before, during, and after?

PFC Pamala (Hall) Foster — Fri, 01 Jan 2016 20:13:40 -0500

I am pending a VA Appeal hearing and wonder what I can expect to happen before,during and after hearing.

Response by SSgt Private RallyPoint Member made Jan 1 at 2016 8:15 PM

SSgt Private RallyPoint Member — Fri, 01 Jan 2016 20:15:27 -0500

a long WAIT?

Response by SSgt Private RallyPoint Member made Jan 1 at 2016 8:28 PM

SSgt Private RallyPoint Member — Fri, 01 Jan 2016 20:28:44 -0500

I hope you get the help u need...

Response by PO1 Glenn Boucher made Jan 2 at 2016 12:58 PM

PO1 Glenn Boucher — Sat, 02 Jan 2016 12:58:27 -0500

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.

Response by PFC Joseph Levi made Jan 3 at 2016 12:35 AM

PFC Joseph Levi — Sun, 03 Jan 2016 00:35:52 -0500

You are getting a hearing or you you filed A NOD to appeal the outcome of your claim?

Response by PFC Joseph Levi made Jan 3 at 2016 12:37 AM

PFC Joseph Levi — Sun, 03 Jan 2016 00:37:05 -0500

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.

Response by SFC Stephen Smithers made Jan 6 at 2016 9:07 AM

SFC Stephen Smithers — Wed, 06 Jan 2016 09:07:32 -0500

after a DRO Hearing you should receive an answer in 4-6 months.

Response by SPC Louis Copechal made Jan 6 at 2016 9:16 AM

SPC Louis Copechal — Wed, 06 Jan 2016 09:16:26 -0500

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.

Response by SSG Jeff Harris made Jan 6 at 2016 9:20 AM

SSG Jeff Harris — Wed, 06 Jan 2016 09:20:25 -0500

I got mine back within a month after my appeals.

Response by MSgt Kurt Woodward made Jan 6 at 2016 2:50 PM

MSgt Kurt Woodward — Wed, 06 Jan 2016 14:50:34 -0500

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.

Response by SSG Ronald Rollins made Jan 6 at 2016 9:13 PM

SSG Ronald Rollins — Wed, 06 Jan 2016 21:13:02 -0500

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.

Response by CPL Thomas Visser made Jan 7 at 2016 9:39 AM

CPL Thomas Visser — Thu, 07 Jan 2016 09:39:35 -0500

Is it a hearing or have you filed an appeal of a decision? If you need, I can provide a summary of the process.

Response by PFC Pamala (Hall) Foster made Jan 7 at 2016 10:30 AM

PFC Pamala (Hall) Foster — Thu, 07 Jan 2016 10:30:03 -0500

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

Response by CPL Ethan Zamora made Jan 7 at 2016 11:10 AM

CPL Ethan Zamora — Thu, 07 Jan 2016 11:10:49 -0500

Depends on the region. My VA claim took 3 months.

Response by SSG Wayne Wood made Jan 7 at 2016 11:53 AM

SSG Wayne Wood — Thu, 07 Jan 2016 11:53:37 -0500

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.

Response by CPL Thomas Visser made Jan 7 at 2016 1:35 PM

CPL Thomas Visser — Thu, 07 Jan 2016 13:35:04 -0500

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.

Response by Sgt Marion Cieslik made Jan 8 at 2016 10:21 AM

Sgt Marion Cieslik — Fri, 08 Jan 2016 10:21:13 -0500

you will not scream for ice cream, but ass cream

Response by SSG Michael Reece made Jan 9 at 2016 9:20 AM

SSG Michael Reece — Sat, 09 Jan 2016 09:20:15 -0500

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.

Response by SGM Private RallyPoint Member made Jan 10 at 2016 2:06 PM

SGM Private RallyPoint Member — Sun, 10 Jan 2016 14:06:29 -0500

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!!

Board of Veterans Appeals

Board of Veterans' Appeals

Response by TSgt Robert Moore made May 8 at 2019 10:45 PM

TSgt Robert Moore — Wed, 08 May 2019 22:45:51 -0400

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.

Response by Debbie Gray made May 28 at 2019 5:43 PM

Debbie Gray — Tue, 28 May 2019 17:43:47 -0400

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!

Response by PFC Pamala (Hall) Foster made May 30 at 2019 12:12 AM

PFC Pamala (Hall) Foster — Thu, 30 May 2019 00:12:49 -0400

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!

Response by PFC Pamala (Hall) Foster made May 30 at 2019 12:16 AM

PFC Pamala (Hall) Foster — Thu, 30 May 2019 00:16:07 -0400

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.