 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 ???