What Happens at Your Review Hearing - Transcript
The day of your review hearing with the Veterans Review and Appeal Board has arrived. Here is what you can expect.
If your hearing is in person, you are met at the location by your representative, if you have one. They will meet with you, answer any questions you may have, and then enter the hearing room with you.
If your hearing is being held on the phone or on a video call. Your representative helps you connect to your hearing.
You may have a family member or friend at your hearing for support.
When your hearing begins you will meet the two board members deciding your case.
If your hearing is in person you are also greeted by a commissionaire who makes an audio recording of the hearing.
If your hearing is held on the phone or on a video call a board member makes the audio recording.
Prior to testimony you are asked to affirm that you will tell the truth.
The affirmation is conducted by an commissionaire if your hearing is in person and by a board member if your hearing is held on the phone or on a video call.
Next the board members explain how your hearing is going to proceed and then your representative begins to present your case.
Keep in mind board members have already reviewed the evidence to better understand your case.
Your representative explains your case, highlights the evidence, and asks you to talk about the details of your service and disability if you feel comfortable doing so.
If you are representing yourself, you are responsible for explaining your case to the board members.
During the hearing board members may ask questions to help them a fair and informed decision.
No one argues against your testimony.
After your hearing ends, you leave the hearing room and the board members discuss and carefully consider your case.
The Veterans Review and Appeal Board Act requires board members to be impartial and objective.
Decision makers are required to draw every reasonable inference in your favour; accept any uncontradicted evidence; and resolve any doubt about whether you have established a case in your favour.
If the two board members disagree the most favourable decision stands.
The decision is put in writing clearly explaining the reasons for the decision.
It will be available on my VAC account and mailed to you and/or your representative.
Board decisions are published on the Canadian Legal Information Institute’s website.
Before being published decisions are depersonalized this means that identifying information not relevant to the reasons for the decision is removed.
Remember if you are dissatisfied with your review hearing decision you have the right to an appeal hearing with different decision makers.
This is an opportunity for further oral and/or written arguments in support of your case.
Every year the Veterans Review and Appeal Board awards thousands of Veterans with new or increased benefits.
You have the right to be heard and we are here to listen.
For more information about how you can obtain the disability benefits that you are entitled to.
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