Bva Judge Made Decision the Representative Stated They Are Reviewing Ssdi Case
If your application for disability benefits from the The states Department of Veterans Affairs (VA) has been denied, the VA's conclusion review process gives you three options under the VA Appeals Modernization Act implemented in 2019: Supplemental Claim, Higher-Level Review, or Board Appeal. The Board Appeal option lets you lot appeal to the Board of Veterans' Appeals (BVA) to have a veterans law approximate review your instance.
Requesting a BVA Hearing
You can asking a Board Appeal after an initial claim, Supplemental Claim, or College-Level Review. To brainstorm the process for a Board Entreatment, you Submit Determination Review Request: Board Appeal (VA Course 10182.
Board hearings are an entirely optional function of your Board Appeal. You can opt to submit a written statement if desired.
Hearing Options
Hearings at the BVA can take identify in iii unlike ways:
Virtual hearing.
This tin be held from your dwelling house or a location of your choosing, which eliminates the need to travel to a VA facility for your hearing. Y'all tin can log on from your laptop, tablet, or prison cell phone to connect to a secure hearing room that volition allow you see, hear, and talk to the judge.
Videoconference hearing at a VA location.
This takes place at your regional VA part. The regional VA facility will connect a video and audio feed to allow you lot to communicate with the BVA guess.
In-person hearing.
If you wish to travel to Washington, D.C., you lot tin can come across with the BVA judge in person.
In that location is no "one-size-fits" all choice as to which hearing option is all-time for your case. It is a matter of personal preference. Your caregiver or back up person is welcome to attend the hearing with yous if desired.
An accredited representative is not required for a BVA hearing, just representation is strongly recommended. Your attorney can brand sure that you lot have the necessary evidence prepare and are prepared to answer whatever questions to the best of your ability. Statistics show that having legal representation increases your chances of a successful appeal by well-nigh 15%.
What to Wait at the Hearing
Before your hearing begins, there may exist a pre-hearing briefing to hash out preliminary matters. This includes whether y'all plan to submit additional testify to support your case.
At the start of the hearing, yous'll exist sworn in. This means, you'll accept an oath to tell the truth during the hearing. After you're sworn in, your chaser and the judge will have a conversation virtually the specific issues related to your entreatment. The judge volition also listen to your testimony and ask you questions to amend understand your case. Tell the judge why you believe yous qualify for VA inability benefits while existence honest and respectful.
Hearings typically last about 30 minutes. A decision won't be issued immediately, however. The hearing is merely a way to submit show and explain your example. It's not a manner to obtain an immediate answer equally to whether or not you should receive VA inability benefits.
What Happens After the Hearing
A written transcript of the hearing will be added to your file in addition to whatever new evidence you've submitted. The transcript volition be reviewed by the estimate when deciding your appeal. Either you or your chaser can request a re-create of this transcript for your records.
Nether the police, appeals at the BVA must be worked in docket order. When the ninety-day fourth dimension period for submitting new show after your hearing has been completed, your entreatment will be added to the docket. If you lot don't have new prove, you lot can waive this ninety-day menses to exist added to the docket more quickly.
When the docket date is reached, the entreatment will go to the approximate. The judge will then review the transcript and evidence to make a decision. A decision letter will be mailed to both you lot and your chaser.
You can check the condition of your claim online or by phone at any time.
Practice You Need to Speak With a Veterans Benefits Lawyer?
If you need to speak with an experienced veterans benefits lawyer, please contact united states online, or call our Virginia Beach office to schedule your free consultation. We take offices throughout Virginia, including Chesapeake, Newport News, Norfolk, and Suffolk.
Source: https://www.alperinlaw.com/library/what-to-expect-from-your-bva-hearing.cfm
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