BPA & The Appeal Process

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BPA & The Appeal Process

Post by Dameon on Sat 14 Oct 2017, 11:12 am

Hi guys, just curious if anybody has been through this. I have started the appeal process for my back, but I don't understand how the process works, what exactly BPA does? I have read some horror stories, but no warm and fuzzy ones yet. So far I have provided two client statements, references from my medical file, and a letter of support from my MD, but BPA has not said much to me. Apparently they are trying to figure out which avenue to pursue. They threw around different options, but none of them made any sense. Any thoughts?

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Re: BPA & The Appeal Process

Post by Trooper on Sat 14 Oct 2017, 11:58 am

Dameon wrote:Hi guys, just curious if anybody has been through this. I have started the appeal process for my back, but I don't understand how the process works, what exactly BPA does? I have read some horror stories, but no warm and fuzzy ones yet. So far I have provided two client statements, references from my medical file, and a letter of support from my MD, but BPA has not said much to me. Apparently they are trying to figure out which avenue to pursue. They threw around different options, but none of them made any sense. Any thoughts?

Dameon,

Your correct, lot's of horror stories on appeals from VRAB, but don't allow this to discourage you from continuing to use all necessary avenues in the appeal process. Appeal cases are all unique in their own way, you can use some decisions as examples to help you. If you get a good BPA lawyer, things will go a bit better for you. I went through many appeals, what I can say or suggest is to do a bit of homework on your own, be aggressive with your lawyer in asking questions, make sure your lawyer is doing everything they can to win your appeal. It's a process none of us like to go through, but it is the process.

Here are some links that will help you:

The Review and Appeal Process

http://www.veterans.gc.ca/eng/about-us/organization/bureau-pensions-advocates/review

Decisions - Advanced Search

https://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?cont=veteran+review+and+appeal&col=54

Practice Note - Conduct of Representatives

http://www.vrab-tacra.gc.ca/Practice-pratique-eng.cfm

Veterans Review and Appeal Board

http://www.vrab-tacra.gc.ca/Home-accueil-eng.cfm
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Re: BPA & The Appeal Process

Post by Accer on Sat 14 Oct 2017, 3:21 pm

Veterans may appeal for benefits again after temporary adjudicators denied them


http://www.cbc.ca/beta/news/politics/veterans-board-staffing-1.4292210
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Re: BPA & The Appeal Process

Post by Newf on Sat 14 Oct 2017, 5:31 pm

Dameon, I have been through several applications and appeals for medical conditions such as arthritis in my lumbar and thoraic spine.  In my experience, the BPA have been very helpful to me in the VRAB process by reviewing my denied decision and  the evidence I submitted in my disability application.  The BPA lawyer will identify the strongest legal argument for challenging the decision made on your case.   He/she may also  provide you with advice on what other information is needed to support this legal argument (e.g. photographs, witness statements, etc).
 

It is so important for YOU to do your homework as Trooper suggested such as asking questions on this site.

If you don't mind me asking what was the rationale for the decision to deny you on your original back condition (what type?) disability application.  Quite often, applicants are challenged in showing a service connection with an injury.  

Here are a couple of suggestions:
1.   Do a search in the link Trooper has posted above "Decisions - Advanced Search".   In the search field enter the name of the back condition you are appealing.  Grab yourself a big cup of coffee and read through  decisions for the same medical condition you are appealing.   A VRAB decision may list some supportive evidence such as medical studies or reports for you to use in your appeal.
2.   The VRAB reviews medical evidence you and your doctor submitted based on a number of recognized medical resources provided to the VRAB board.  I have attached a link to these resources here.   http://www.vrab-tacra.gc.ca/Medical-Resources-Ressources-medicales-eng.cfm
3.  Remember you are the person who submitted most of the EVIDENCE to support your disability application.  It is important to provide evidence that supports your application and to use strong, confident language when submitting documents and speaking to board members.
4.  I strongly suggest you attend the hearing in person so the board members can hear your story and ask you questions.  Remember to describe your WORST day in your live having to deal with your back condition.  

If you have any further questions be sure to post here.  

Newf
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Re: BPA & The Appeal Process

Post by Dameon on Fri 20 Oct 2017, 10:48 am

We'll, apparently I am done with BPA for now. They recommended not bothering to appeal, but instead are recommending that I file 3 new first applications for different things that are all related. Wish me luck.

And that you so much for the advice. I will scour through the information and try and get together a good enough argument the first time.

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Re: BPA & The Appeal Process

Post by pinger on Sat 21 Oct 2017, 9:45 pm

Hello Dameon.

I have dealt with bpa 1 - 2x last 20 years and may not know squat about it nowadays.
However, you've got to feel them out... real smartly.

A very old vet friend of mine had a bpa lawyer from hell.
I had the same one years later and she was a godsend, go figure. scratch

3 new first applications related and recommended by a bpa for you?
lol!  
Validate and critique that bpa person.
If they ARE right... it takes long time  Sad
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