What Does A Veteran Law Judge Do
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The Board of Veterans Appeals BVA is a part of the VA that conducts hearings and makes decisions on veterans claims for benefits.
What does a veteran law judge do. The individuals who participate in the decision making process for each case are known as Veterans Law Judges. You and the judge will have a conversation. Transcript of Vito Clementi Veterans Law Judge. The BVA Hearing Veterans Law Judge At The Board Of Veterans Appeals The Board of Veterans Appeals conducts hearings with a veterans law judge.
In the context of the VA appeals process veterans can appeal to the Board by filing a VA Form 9 in response to a Statement of the Case issued by the VA regional office. For clarification your case isnt really being considered by a judge. The judge agrees with the original decision. BVA Hearings are supposed to be non-adversarial.
Recently however I have heard stories and seen BVA Hearing Transcripts that suggest that some of the Judges may be cracking under the pressure. Most BVA Judges are pretty solid folks that work very hard to do the right thing at least as much as this archaic benefits system allows them to. Veterans law judges are presidential appointees and go through a thorough vetting process. After an initial screening the chairman of the Board recommends a list of candidates to the secretary of Veterans Affairs.
Tell the judge why you think you qualify for the VA benefits in your claim. The BVAs support staff including attorneys and administrative personnel assist the judges in reviewing appeals. A Veterans Law Judge will review all of the available evidence and write a decision. Answer any questions the judge may have about your appeal.
Tell the judge why you think you qualify for the VA benefits in your appeal. Or the judge may deny your appeal or may grant your benefits to you. Only Veterans Law Judges have the authority to make decisions on behalf of the Board of Veterans Appeals. Answer any questions the judge has about your appeal.
11302017 With Veterans Law Judge 12032017 With Veterans Law Judge 12072017 With Veterans Law Judge 12112017 With Veterans Law Judge and nothing since. Of course the final authority is with the judge and any specific instructions that heshe gives to the law clerk will be reflected in the final decision. And for the most part they are. Your representative if you have one may help you at the hearing.
A remand is when the Veterans Law Judge VLJ at the BVA who reviewed your case determines there is additional information needed to decide your claim. There are about 60 Veterans Law Judges each of whom are recommended by the BVA Chairman appointed by the Secretary of the Department of Veterans Affairs and approved by the President. After an initial screening the chairman of the Board recommends a list of candidates to the Secretary of. The judge will listen to your testimony and may ask you a few questions.
The judge disagrees with the original decision and decides in your favor. They are the ones who issue final decisions on appeals. If I sign a decision what is satisfying to me is when I can look at the decision and say Ive taken the veteran seriously. Tobias Chair is a member of the career SESShe was appointed as Chair of the Board on April 29 2007.
Court of Appeals for Veterans Claims in Washington DC. She previously served at the Department of Veterans Affairs as a Chief Veterans Law Judge of the Board of Veterans Appeals as Counsel to the Chairman and as a staff attorney. Each judge has a staff of attorneys called law clerks who work for himher and they are the ones who actually write the decisions for the judges signature. In all but the rarest of cases it has been assigned to one of the staff attorneys who works under the judge.
To start the Veterans Law Judge will ask you to take an oath that youll tell the truth during the hearing. You and the judge will have a conversation. It usually helps both the Veteran and VA for the Veteran to have representation when presenting a claim or appealing a case but the choice of a representative or attorney is just like selecting any other service provider the Veteran as client must be satisfied that the representative is the best choice for the particular job at hand. For each issue youre appealing they can decide to.
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. The speed with which a case is sent to a BVA judge has nothing at all to do with the outcome of the case. If agreed to the list of selectees is forwarded to the White House for final approval. Give the judge any new evidence you may have.
At the hearing the veteran will testify or refresh testimony from the decision review officer hearing concerning the details of the disability and the precipitating event. An exam pulling records etc. My appeal is for an effective date before any of you chime in on me already being 100 Share your with VLJ experiences please. Veterans Law Judges are presidential appointees and go through a thorough vetting process.