Department of Veterans Affairs (VA) regional office (RO) hearings can be pre-determination or post-determination. Pre-determination RO hearings are on matters related to an adjudicative issue that is pending an initial decision.
How long does it take to get a VA hearing rescheduled?
How will I know when my hearing is scheduled?
What if I need to cancel my hearing?
What will happen at my hearing?
How long will the hearing take?
When will the hearing transcript be reviewed?
Why do you need a board hearing?
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About this website
What does VA decision deferred mean?
A deferred claim typically means your claim lacks sufficient evidence. A claim becomes confirmed and continued only after additional evidence has been provided, but VA decides it is not “new and relevant,” meaning it offers no additional insight into your condition at the time of your claim.
How long does it take to get a decision from a VA hearing?
The Veterans Benefits Administration usually takes 12 to 18 months to review appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5 to 7 years for you to get a decision.
How long after my BVA hearing will I get a decision?
Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans' Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months.
Can the VA make a decision without a C&P exam?
No, you do not do a C&P exam in order to file your VA disability claim application. However, the VA may require you to submit to a C&P exam as part of the VA's evaluating of your claim and reaching a decision. A C&P exam is an optional step in the veteran's disability claim process at the option of the VA.
How long after C&P exam will I get a decision 2022?
within 4 to 6 weeksWhat is the Timeline From C&P Exam to Decision 2022? In 2022, you can expect to receive a VA rating decision within 4 to 6 weeks after your last C&P exam. If it's been longer than 6 weeks, pick up the phone, call the VA hotline, and ask to speak to a VA representative at 1-800-827-1000.
How far does VA disability back pay?
If the claim is not submitted within 1 year of discharge, all the VA Disability Back Pay that could have been received between the date of application and the date of separation will be lost. For example, Ben applies for VA Disability 9 months after he separated from the military.
What are the chances of winning an appeal with the VA?
In 2021, attorneys won 40% of VA disability appeals cases they represented in court. No other agent or advocacy group for vets could even come close to that win rate in court! Yet almost 1 in 3 disabled vets without representation (27.3%) lost their VA appeals during that same period.
What can I expect at a BVA hearing?
To start, the Veterans Law Judge will ask you to take an oath that you'll tell the truth during the hearing. You'll then: Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal.
How do I know if I won my VA appeal?
Once I'm signed in, how do I check my VA claim or appeal status?Go to your "My VA" dashboard. You'll find the link for this dashboard in the top right corner of the page once you're signed in.Scroll down to the "Track Claims" section. ... Click on the "View Status" button for a specific claim.
What should you not say at C&P exam?
Do NOT ever lie or stretch the truth at a C&P exam. First, it's against the law. Second, you run the risk of having your C&P exam results tossed out. Simply tell the examiner about the severity of your symptoms and how those symptoms are negatively affecting you.
What triggers a C&P exam?
#1 Q: What is a VA claim exam, also known as a Compensation and Pension (C&P) exam? If you've filed a claim with the U.S. Department of Veterans Affairs (VA) for disability compensation or pension benefits, VA may ask you to go to an examination as part of the claim process.
What is a favorable C&P exam?
You could get a favorable decision under these conditions: The C&P exam went well, meaning you completed all questions, and the exam report was declared veteran-friendly. The attending physician reviewed all medical records and stated as such in their exam report.
What happens after VA hearing?
What Happens After The Hearing? After the hearing, the judge will issue a decision. The judge may send your case back to your VA Regional Office (this is called a remand) to correct errors that may have been made. Or the judge may deny your appeal or may grant your benefits to you.
What are the chances of winning an appeal with the VA?
In 2021, attorneys won 40% of VA disability appeals cases they represented in court. No other agent or advocacy group for vets could even come close to that win rate in court! Yet almost 1 in 3 disabled vets without representation (27.3%) lost their VA appeals during that same period.
How long does a VA remanded appeal take 2022?
But depending on the remand instructions, it can take anywhere from three to 12 months or sometimes longer before the Regional Office issues any decision.
What happens when a VA appeal is granted?
Set up direct deposit: When a Veteran wins an appeal, the VA will send an award packet. The Veteran can then sign up for a direct deposit for their benefits. If a Veteran does not set up direct deposit, the VA will send monthly paper checks to the Veteran's last known address.
This is the one BVA Hearing Document You HAVE Got to Get.
Thanks Chris good info. Guess what I had my bva hearing by video at my local va center June 1 st 2015 I just received a letter from bva today 8/13/2015 to advice me that there were technical difficulties and they do not have my testimony on file the hearing was for sleep apnea and fibromalygia claim since 2009 me my spouse and daughter attended the hearing
Board Hearings With A Veterans Law Judge | Veterans Affairs
Find out what happens at a Board of Veterans’ Appeals hearing—and how to request one if you want to discuss your appeal with a Veterans Law Judge.
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Is 60 percent higher than three separate evaluations?
In your case they apparently determined that the single 60 percent evaluation was higher than the three separate evaluations would have been and assigned that evaluation. They will now repeat this process and if it is found that the three separate evaluations for hearing loss, tinnitus, and vertigo will be higher than a single Meniere's evaluation that is what they will assign.
Can you have separate hearing loss ratings?
They are not allowed to assign separate ratings for hearing loss, tinnitus, and vertigo in addition to a Meniere's rating. That is prohibited by the regulation. This means that you should not have that separate rating for hearing loss even at 0 percent. Of course you also should not have a denial of hearing loss either since hearing loss is part of Meniere's.
Predetermination hearing, proposed reduction
Anybody have an idea of how long it takes after requesting a hearing on a proposed reduction to take place? I'm out of the Houston RO and just submitted a bunch of new information on my SC disability they are proposing to reduce.
Are Your Knees Service Connected?
I assume since you stated you have a "rep" that you've filed a request for personal hearing. NOTE: a Notice of Disagreement is NOT the appropriate tool here, because a propal to reduce rating decision is not a final decision and therefore cannot be appealed.
In the same boat
After reading these posts my VSO has failed to do the correct protocol. She advised me to do a NOD and didn't request a hearing. Is there anything I can do? Can I take legal action against the VFW for misrepresentation?
How long does a veteran have to submit evidence to reduce their rating?
section 3.105 (e), when the RO determines that a rating reduction is warranted, it is required to issue a proposed rating reduction, setting forth the reasons for the proposed reduction, and to allow the veteran a period of at least 60 days to submit additional evidence to show that the rating should not be reduced. Furthermore, when, after such period, the RO issues a decision reducing the rating, that reduction does not become effective until the " [l]ast day of [the] month following 60 days after notice to [the] payee" of the reduction decision. 38 C.F.R. § 3.400 (r); see 38 C.F.R. § 3.105 (e). The effect of sections 3.105 (e) and 3.400 (r) combined is that a rating reduction cannot be made effective for a minimum of 120 days after it is proposed in writing to the veteran. Brown (Kevin) v. Brown, 5 Vet. App. 413, 418 (1993).
What is an unprotected benefit rating?
An Unprotected Benefit Rating is when your disability rating is above the minimum for the disability but below the 100% rating and you have been receiving the rating for less than five (5) years.
Can the VA reduce disability benefits?
There are circumstances where the VA can reduce your disability benefits. When the VA proposes to reduce a Veteran's disability compensation, it is of the upmost importance that the Veteran act quickly by seeking the services of either an aggressive Veterans Service Organization or an Attorney accredited by the VA. The law is very clear that to assist a Veteran in the preparation, presentation, and prosecution of a claim for VA benefits, the individual must be accredited by the VA as an agent, attorney, or representative of a Veterans Service Organization, VSO, 38 U.S.C. §§ 5901-5902, 5904; 38 C.F.R. § 14.629. There is a one time only expception for a non-accredited individual to assist a Veteran in processing a claim under 38 C.F.R. § 14.630.
Does the VA follow its own rules?
The Court has specifically required VA to follow its own regulations when it attempts to reduce a veteran's rating. See Fugere v. Derwinski, 1 Vet. App. 103 (1990) (holding that VA was required to give notice and opportunity to be heard prior to deleting provision of VA Adjudication Procedure Manual M211MR that had provided regulatory-like procedural protections prior to reducing veteran's rating, and noting: "Where the rights of individuals are affected, it is incumbent upon agencies to follow their own procedures." (citations omitted)), aff'd, 972 F.2d 331 (Fed. Cir. 1992). The Court determines de novo whether VA has followed and applied its own regulations in reducing or terminating VA benefits. See Wilson (Merritte) (making determination de novo without so stating) and Fugere (same), both supra; Brown (Kevin) v. Brown, 5 Vet. App. 413, 41621 (1993) (same); cf. Buzinski, supra (reviewing de novo compliance with VA regulation regarding mortgage foreclosure).
Can a veteran get a predetermination hearing?
This means that a veteran can end up with lower benefits payments and owe the VA a large sum. Veteran's requesting a pre-determination hearing are, therefore, strongly urged to be careful with their finances until the reduction issue is finally decided.
Can the Court review a BVA decision?
That the Court has jurisdiction to review the BVA's failure to decide the improper reduction claim is clear. See 38 U.S.C. § 511 (a) ("The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary to veterans ..."); In the Matter of Fee Agreement of Smith, 10 Vet. App. 311 (1997) (BVA failure to adjudicate veteran's claims properly before it was a final adverse decision with respect to that claim); Suttmann v. Brown, 5 Vet. App. 127, 133 (1993) (Board erred in failing to adjudicate a claim reasonably raised to it); see also Carpenter v. Gober, 11 Vet. App. 140 (1998) (an implied claim which is not reviewed by the BVA is considered a denial). Thus, while the Court may not review nonfinal BVA decisions to remand, it clearly mayindeed, mustreview claims explicitly or implicitly raised by the appellant and not adjudicated by the BVA.
What is VA profile?
VA Profile allows Veterans to update contact information on all VA systems. Once signed into the VA.gov website, Veterans can can use VA Profile to view, update and change their contact information for all VA systems.
What is the Deborah Sampson Act?
The Deborah Sampson Act aims to improve access and quality of VA care for women vets.
What is PTSD service dog?
PTSD service dogs are specially trained to help those battling PTSD. These pups are more than just dogs. They help ground and calm during triggers. They also give purpose and motivation with unconditional love.
Does the BVA pick up claims?
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability...
Is the VA backlog a signature issue?
Some say the claims backlog is the VA's signature issue. The backlog has been a problem for years. Here, with the current story, are some stories from
Do attorneys have certain visibility or knowledge to claim activity that I do not see in eBenifits & VA.gov?
A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA. After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".
How long does it take to get a VA hearing rescheduled?
If VA can reschedule your hearing, you’ll receive a notice at least 30 days before the new hearing date.
How will I know when my hearing is scheduled?
You’ll receive a notice in the mail at least 30 days before your hearing is scheduled.
What if I need to cancel my hearing?
Send a written request to cancel your hearing at least 2 weeks before your scheduled hearing. Include your name, the VA file number for your claim, and the reason you’re canceling.
What will happen at my hearing?
To start, the Veterans Law Judge will ask you to take an oath that you’ll tell the truth during the hearing.
How long will the hearing take?
It depends. Most hearings take less than 30 minutes. But your hearing will last as long as you need to discuss your appeal with the judge.
When will the hearing transcript be reviewed?
The Board will ask if you’d like a copy of the transcript for your personal records. The judge will review the hearing transcript along with all the other evidence in your file when they make a decision on your appeal. Last updated: April 30, 2020. Back to top.
Why do you need a board hearing?
You might want a Board hearing if you think it’ll help support your appeal to discuss your case with a judge.