Non Adversarial

Tape Recorded and Transcribed

Testimony Under Oath or Affirmation

Opening Statement:

◦ Short History of the Veteran’s Service◦ Current VA Disability Status◦ Confirm Issues◦ Confirm Timely Filing of NOD and Form 9◦ State Why Claimant Believes he/she is entitled to

Benefits Sought

Questions: Example for Service Connection:

Health upon service entry Injured and treated in service Discharge examination After service disability history Current treatment Employment and social history

Questions:

◦ Present ONLY information that is positive to your clients case

◦ Keep your questions targeted on the benefit

being sought

Know what answer your client will give

Hearing Official Questions:

◦ May have a few. Listen and advise Clarification of facts in order to assist the appellant

◦ Should not cross exam Go off the record

Closing Statement:◦ Compare the facts and evidence presented to

appropriate law and regulation as it relates positively to the case.

◦ Quote USC, CFR and/or Case Law when appropriate

◦ Thank the presiding officer for their time and consideration and restate the assertion that the evidence presented should entitle the appellant to the benefit(s) being sought on appeal

Helpful Hints:◦ Dress the Part

Represent your client, The American Legion and yourself professionally

◦ Work on verbal presentation Present full thoughts. Rehearse your language and delivery

◦ Do not use conversational fillers such as uh, um, like, etc.

◦ Decisions will not be officially made at hearing. Do not suggest any possible outcome to your client

◦ Avoid after-hearing chit chat. You have come to do a job, do it, leave the hearing officer with a clear and targeted thought of what you presented and how it relates to granting the benefit being sought

Make note in your office record

Keep hearing notes for a 646 if necessary

Review the hearing transcript when received

Notify the veteran when you see a decision made

See handout for case details◦ Swear In◦ Attendees (VAF 5571)◦ Off the Record◦ Evidence (Waiver of VARO review) VAF 4138 cover◦ Request to hold the record open VAF 4138◦ Questioning concerning individual contentions◦ Hearing Officer questions◦ Final Presentation◦ Closing◦ Exit

Questions ???