Just to clarify there weren't any errors in my informal hearing. The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist. A DRO can not refute a medical opinion because he is not a medical expert. The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions. Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion. The DRO is not qualified to refute an IMO opinion of the doctor's stature.
That was the basis for the new DRO over turning my decision. She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.
I am not sure on that Navy4life...When they ask for a DRO Hearing they can request DRO by name.
I can't find any CFR Regs on it that they can't? ..it only says after a NOD Request for a DRO Hearing the veteran will be notified if the requst was granted and given a date/time
So what would it hurt all they can say is no or DRO's are given a case as they come in at random. '' Luck of the draw some say''
Now of course you could be very well correct this is just my Ideal. crazy one but hell it might workout...
I know if I appeal and ask for DRO Hearing If I got the one you mention that all those errors in your hearing I would just stand up walk out before the hearing.
No, hopefully I will be awarded it on Tuesday. I already did my 90 days hard time for disagreeing. That was on top of the one-year plus delay in implementing the BVA award. Or I just call Bob again and ask what part of the IILP they don't get. It would be one thing if they arrive with their own IILP but they are too lazy to even write one up. They seem to think I'm going to fold holding four aces. I have almost six years into this May 2011 filing. Why surrender when you've won the war?