Preparing for VA Hearings

Why, When and How

Why?

• Learn the facts about your client’s case

• Decide what law and regulations apply

• Know in advance how your client presents him/herself.

• Make sure your client knows why VA denied the claim, and what additional evidence is necessary to win.

Why?

• Make sure the client and evidence agree on the issues.

• Make sure all filing deadlines have been met.

• Make sure your client wants a hearing; knows the date, place, and time; and will attend.

• Get organized -- Make a good presentation.

When?

• As soon as possible after the hearing is scheduled

• If possible, at least two weeks before the hearing

How?

• Contact the claimant and schedule a pre-hearing conference.

• Conference may be at the office or over the telephone.

• Try to have the VA claim file available for review.

How?

• Review the VA claim file and make notes before the claimant arrives:

• First, review the Statement of the Case

• Next, review any Supplemental Statements of the Case

• Review the Evidence

How?

• You May Also Use the VA Computer System to Find Information:

• VBMS:• Service information, such as, dates, branch and character of

service, • Evidence being tracked, and • Recent letters• Pending issues

How?

• SHARE:• Service information

• Disabilities assigned and ratings

• Awards and Award Dates, and

• Payment History.

How?

• COVERS:• VA claim file location• VA claim file transfer history

• Virtual VA/ VBMS:• VA Letters,• Copies of Rating Decisions and Award Letters,• Copies of Claimant Letters and Completed Forms,• Electronic c-files

How?

• VACOLS:• Issues in appeal

• Appeals status

• Filing dates

• Jurisdiction of current appeal.

How? – The Client Interview

• Confirm the Issues, and date, place and type of hearing.

• Go over what you have found in the VA claim file.• Service background,• Current VA status• The timeliness of the appeal• Important evidence and statements.

How? – The Interview

• Find out why the claimant believes he is entitled to the benefit.

• Look for any conflicting information in the service medical records, service personnel records or within other records or letters in the VA claim file.

How? – The Interview

• Discuss VA’s reasons for denying the claim, and what further evidence, if any, is necessary to win.

• If possible and if time allows, ask the

client to try to find that evidence and bring it to the hearing.

How? – After Conference

• List important questions to ask in hearing.

• Use categories,

• Don’t try to list each and every individual question.

How? – After Conference

• List supporting regulations and law.

• Compile (outline) a brief argument to use when concluding the hearing.

How– Manage your Time• Study and learn veterans law thoroughly before

attempting to conduct a hearing.

• This will allow you to easily see facts that apply – or don’t apply – to the law.

• Prepare yourself first, then prepare your cases

AMERICAN LEGION DEPARTMENT OF NORTH CAROLINA

Hearing Interview Information Sheet

Client Name: xxxx Claim xxxx POA: AM LEG Hearing Date: 12/4/13@ 1230 Type of Hearing: BVA TVB Date of Letter:

xx/xx/xxxx Is VA Form 9 on File: Y Veteran Phone: 252-291-4510 Service Dates: Branch of Service: USA Char or Discharge: HON Date of Contact:

11/19/13 Will claimant attend hearing? Y Is appellate amenable to having an accredited VSO observe? Yes Contention Decision basis (Areas of note) Evidence Needed/ AL Director recommendations Propriety of initial evaluation of 20 percent disabling assigned to Type II diabetes mellitus associated with herbicide exposure Dwayne Maryott from CBOC Greenville indicated that T2 DM required insulin, restricted diet and activity with 1-2 hospitalizations per year. Recommend citation of the medical treatment records from Greenville CBOC and procurement of any private medical evidence showing restriction of physical activities and regulated diet with insulin injection. Propriety of initial evalution of 10 percent for peripheral neuropathy, left lower extremity The left lower extremity had diminished sensory to light touch and medial to the lft foot. Reflexes were normal. VAe Dx peripheral neuropathy, left lower extremity. There was incomplete paralysis below the knee which was MILD. Recommend requesting another VAE to determine current symptoms and impact. Recommend procuring a medical opinion, possibly from Dr. Herron, stating that the incomplete paralysis below the left knee is MODERATE.

Hearing Worksheet- Example- Part I

Hearing Worksheet- Example- Part II

Evaluation of PTSD rated at 30 percent disabling SC for PTSD was raised to 50 percent disablight 7/8/08. Recommend withdrawal due to increased rating satisfying appeal. If Veteran chooses to pursue greater increase then recommend requesting another VAE and submitting lay statements concerning symptoms and impact. Service connection for glaucoma, claimed as vision problem VAe opined that glaucoma not caused by T2 DM. Veteran has current, chronic Dx of glaucoma and other ocular issues. Recommend restructuring claim to present ocular issues, AGGRAVATED by other SC conditions.

Date of Last Medical Exam: Medical findings and diagnosis relative to the issue: Objective findings from the Physician for disability evaluation: Applicable rating codes (38 CFR): See link below http://www.benefits.va.gov/warms/bookc.asp#d Questions to the veteran. Who is currently treating you for the condition? Are you on medication for the condition? Do these medications cause SECONDARY issues or aggravate other health issues? Describe how the disability affects your daily life? Do you experience incapacitating episodes and if so how often? Court cases and 38 CFR citations: NA Terms and acronyms: Dx- Diagnosis AD- Active Duty VAe- VA examiner VAE- VA Exam STR- Service Treatment Records OMPF- Official Military Personnel File SC- Service Connected

Hearing Worksheet- Example- Part III

Remarks concerning the contention:

- 1-800-827-1000 to request OMPF and STR

- Nexus letter from qualified MD stating the following 4 POINTS - Dx of chronic condition - Review of entire medical treatment history to include STR - That the current chronic condition is “at least as likely as not”

connected to event, injury, illness or disease in service - Reasons and basis for the opinion

- Lay statements from individuals who knew the Veteran prior to military

service and also after exit from active duty. These statements should relate first hand accounts of symptomology and impact on daily life and employment. Example shown below: EX1: I ___________ knew _______ before he left for military duty and also after he returned from active duty. My relationship to the Veteran is _________. Before he left his hearing seemed to be fine and he had no complaints of hearing loss or ringing in the ears. Upon his return there was definitely some hearing loss. James would ask for things to be repeated several times and also complained of ringing in his ears. These issues impacted him in the following ways ______________. These symptoms have become worse over the years from _____ to _______ in the following ways.

- Lay statements from individuals who knew the Veteran while in military

service. These statements should relate first hand accounts of causatory incident(s), symptomology and impact on daily life and job performance. Example shown below:

- - EX2: I ___________ knew _______ while he was on active military duty. My

relationship to the Veteran is _________. I witnessed (incidence of injury, illness, disease) which contributed to the following symptoms while on active duty _______________________ . These issues impacted him in the following ways ______________. These symptoms have become worse over the years from _____ to _______ in the following ways.

CAJUN A. COMEAU American Legion, Dept. of NC Department Service Officer Office 336-631-5471/5472 Cajun.Comeau@va.gov

Questions?