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

Hearing Worksheet- Example- Part I

Hearing Worksheet- Example- Part II

Hearing Worksheet- Example- Part III

Questions?