Jim,
The VA asked me to set up my agenda for a Formal Hearing. I listed all my claims and asked for 3 to 5 hours so I can present all my evidence. A VA Official sent me a letter and said I only have 1 hour for an Informal Hearing or I can reschedule and it's impossible for me to present my case in that time.
Previously, I filed a VA OIG against this Official for issuing false claims in my name and requiring me to turn over non-existant medical documents or she would dismiss my claims. The VA OIG responded that they don't investigate acts of misconduct if it involves processing a claim.
The VA asked me to list all the items that were messed up that I needed to bring up at a Formal Hearing. I have two cases of ratings tampering, a wrong rating given on my knee, a VA official requiring me to produce non-existant medical documents, 7 undecided claims and a USAF error from 1987 that the VA contiued to now.
I cannot cover these items in 1 hour and no Attorney could. The same VA official that issued false claims in my name and made the request for non-existant documents is the one trying to limit me to 1 hour. She knows the Houston VA has tried to scramble my claims up for the last 6 years.
What rights do I have when the VA won't comply with their regulations. I tried to go to my Congressman in and his Vet Rep sent me an email that she does not want to assist me.
Can have my Hearing directly with a VLJ?
Reply:
Why can't you have a DRO hearing on your appeal and be done with it? An hour for an “informal” hearing is a very long time.
I teach that brevity is one secret to success. (I don’t always achieve it but it isn’t for lack of trying.)
I don't know of any rule that would give you 3 to 5 hours. Beyond that I can't imagine what you have to say that would take that long. Lawyers argue cases before the Supremes in an hour or so. Heart surgery is done in 2 ½ hours. How can it be that you need more time to present an informal appeal than a surgeon needs to repair broken heart?
You are making an entirely unreasonable demand. I don't know why but that's a fact and I can say it without looking at any part of your case. Maybe you think you will teach them a lesson or maybe you think you're Perry Mason...I don't know.
When you become unreasonable, VA will draw a line in the sand and not budge. The VA existed long before you did and will be here long after you've gone. The entity has dealt with countless millions of veterans over those years. Your case, although important to you, isn't even a blip on the VA radar.
When you play these kinds of games you hurt your own case. I train others that a hearing should be over and done in 30 minutes or less. You open with what you want to tell them, then you tell them, then you close telling them what you told them.
Like your Congressman, I'm not at all sure I can help you. You'll need to give me a pretty good explanation for what sounds like a most unreasonable request by you.
No, you can't have your hearing directly with a VLJ. That isn't the way the system works. If you want a higher up hearing then you should get the Regional Office hearings done and appeal to the BVA.