WELCOME TO THE BVA

Congratulations. You have now lost at the AOJ level (your local RO) and have filed your Form 9. VA will dutifully shuffle your C-file, file their Form 8 and attach it, and stick this thing somewhere for a year. We’re not sure exactly where they stick it, but apparently its somewhere the sun doesn’t shine because you will not see it for quite some time unless you file a request for advancement on the docket. If you do, and you are an accomplished speaker, you can also ask for a hearing before a traveling VLJ at your RO or a video teleconference via TV. The second alternative sucks. You want to be eyeball to eyeball with this gentleman. You want him to see the earnest look and the emotions on your face. You want to look him in the eye and communicate your truthfulness to him. This cannot be done via a video.

You may prevail at this stage and avoid an appeal up to the CAVC. A hearing is only useful if you need to prove something. We had a Vet who came to us with a migratory tattoo that could only be nailed down onto the proper arm by showing it to the VLJ.  The VA wonks accidentally(?) moved it via a C&P and no amount of effort could paste it back on the right arm. VA therefore denied because the SMRs said the left. The C&P disagreed and the SOC complicated it so badly that nothing could be done short of a show and tell. He won. There were some other issues regarding a buddy letter,  but that isn’t pertinent info for us here. Sometimes the bubbleheads at the RO refuse to read their own regs and deny based on incorrect info. A BVA hearing can sometimes clear this up, but not always. If they are dead set on denying, a Claymore isn’t going to deter them.

A BVA appeal is a time alligator. It will be a year before they even acknowledge receipt of the C-file. It will dawdle in someone’s inbasket for about another year and then some action will ensue. After 6 months of development, they’ll send it up to the Judge for a gander and he may find something defective. This can entail a remand back to the RO. To avoid this, sign something that absolves them of the responsibility to send it back down. Give them authority to look for the defect and keep moving. This may deprive you of the right to have the RO reexamine the claim and possibly readjudicate it. Don’t worry. The RO is notoriously inept and will invariably just deny it all over again without ever completeing the required remand action. Alternately, they may just give lip service to the VLJ and stamp denied on it again becasue they’re lazy and think they’re Mr. Knowitall.. The BVA is the best venue in most cases where you are concerned. This assumes your claim is provable, has all the goodies we’ve discussed previously and was erroneously denied for illegitimate reasons. I hate to go up there, but sometimes you have to. At this point, and not before, you may hire a private law dog to help you. Up to the Form 9, you are limited to a pro se defense or (gag) a VSO.