BPA/VAC/VRAB

Simple answer...no.

Thx, l was aware of all that, but what l was wondering if there is SOP or specific cases where BPA looks over what the veteran provided them and tries to cut through the dog and pony show by putting forth what they plan to argue to VAC , to try and save a lot of time and money dealing with a situation. .?( I.e. before 1st, 2nd appeals even take place) Or does VAC just stick to their guns of their original denial no matter what, even though borderline cases are supposed to fall in the veterans favour citing “ benefit of the doubt”. If so , l get the holding out by VAC because they are counting on the veteran getting frustrated and walking away after the first denial.

Unless they changed it you have it a little backwards.

You are allowed to attend and speak at the 1st level of appeal with your assigned BPA. Your BPA looks over the denied claim and they work with you to either get more medical info, correct info the adjudicator may have gotten wrong. You and your BPA address a 2 member VRAB. Note: BPA members at this level are new lawyers putting in their 'volunteer' time.

If your claim is denied again you have the option to drop it or move to the 2nd level of appeal. A full-time lawyer from BPA Charlottetown is assigned your denied claim. They dig deeper and find any issues the 1st level appeal BPA might have missed. Your claim is then presented to a 3 member VRAB panel. This all happens in PEI and you can attend at your own cost but your ARE NOT ALLOWED to speak. From what I understand you have to sit at the back of the room.

If you are denied at the 2nd level your 3rd and final option is to go to court with the lawyer you hire and pay for. (This is not cheap. It can cost you around $20-25K) The lawyer presents to a Judge and the Judge decides if VRAB was wrong in their decision. If the Judge favors on your side you do not automatically have your claim processed. A favorable decision means you get to start the application all over again.

And yes there has been cases where a veteran was denied again in the second go around.

When you have a disability claim denied and turn to BPA. What happens next, does BPA re configure your argument and present it once again to the VAC adjudicator on the veterans behalf? Or does the veteran, have any vocal input.
I understand that if VAC continues to disagree the case will go before VRAB ,and the veteran gets to speak then, I'm just wondering about the before part? Anyone been through this?