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    • Despite the temptation to do that, I personally do not recommend this - especially if you have kids/child support/alimony/etc... The ex would look at you like a piggy bank and that could start more problems.   I have no knowledge of a regulation stating you cannot do things to exacerbate it, but I am not a lawyer. I think the rule of common sense applies in those cases. Broncovet's comment was great. You must decide if you want to fly with the eagles or waste time fighting with the pidgeons.    
    • @gastone @john999 Thank you for your replies. My SC is 50% total: 30% PTSD, 20% lumbar strain, 10% nerve damage in my jaw (Army dental work gone wrong), plus a bunch of 0% for joints. I am aware of the 70% requirement for IU so I also put in for an increase for PTSD along with the TDIU application, even though the TDIU asks which condition I am requesting the IU for and is supposed to automatically evaluate for increase. But I figured if I get the TDIU denied maybe they will still evaluate me for increase outside of the IU decision. Anyway, I submitted the SSDI for ONLY SC conditions. And yes I am aware of the high denial rate for both and lawyer route with SSA, I was mentally preparing myself for denial with SSA already, which is why I was panicking bc I didn't want one denial to increase the odds for denial for the other. I have not been scheduled for any exams from either yet though, and am in decision phases with both. I figure either my medical evidence is strong enough or maybe it's not at all and I an outright denial. Who knows.
    • I would like to get that doctor to opine on my DMII and Sleep Apnea.  I had the SC   DMII before the OSA.  I did not have the OSA until I gained some weight which may be cause and effect of my DMII.  
    • Do you happen to have copies of all of your service treatment records? If not, get them. I ask because the entrance and exit exams, plus any back injury treatment will be important.   When you joined, you had the "presumption of regularity". This means that you are presumed to be healthy. The entrance exam is performed to identify any medical condition which could be exempt from this presumption. In my case, they noted I had eyeglasses which corrected my vision to 20/20. Aside from that, I was presumed to be healthy and normal. When you left the service, the exit exam was performed for pretty much the same reason. In some cases, the examiners might be lazy how they handle it. For example, I left the service which chronic asthma. The doc noted I was treated for asthma, but said my lungs were normal. However, I fought it on appeal and won due to repeat treatment for it while I was in the service.   Be ready to fight back by using your treatment records against the VA. We all know that being in the military and seeking treatment for injuries may be frowned upon and often results in veterans who didn't get the treatment they needed while they were on active duty. For example, look for any treatment after having a fall, car accident, etc.. which caused your back to get this bad. That C&P doc might have tried to attribute the state of your back to natural aging, but if you can prove that they were too lazy to find your actual root cause injury event, that is ammo in your favor.   I would not recommend you open a new claim because all the VA will do is just continue with or reopen your existing claim. Read the SSOC letter and the appeal documentation you received with it. The SSOC should state exactly why they denied your claim. Fight them on each issue directly. I would recommend you consider filing a reconsideration. You have until the NOD clock runs out to have the VA look at your submission to see why you think the C&P doc was wrong. If they don't reply in time, be sure to file an official NOD/appeal before the NOD clock expires. If it expires, then they would consider any further action on your claim to be reopening it, but with a potential new effective date.   Question: Can you post the text of the denial letter section regarding your back? Be sure to omit any personal info or details which don't matter. It might help others here be able to offer an opinion.    
    • Well they talk highly of him on the hadit blog talk radio show,I am suprised to hear this?.. you might give jbasser or Jerrel Cook a  PM  ask if they have a way you can contact him?  I've Only heard good things about Dr C Bash





bootstrap1

Decision Review Officer

11 posts in this topic

I've been service connected since '96 and as some of us know that with every decision letter that the va returns to us, they state that a higher evaluation is warranted if certain evidence is present. Based on the VA's own criteria for higher evaluation because I have these issues present, I am now in a appeals process and have been offered to elect an decision review officer or continue the traditional process. I have been advised by a veteran help organization to elect the DRO, but was looking for more advice. Can anyone offer any insight? thanks and thank you for serving

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I've been service connected since '96 and as some of us know that with every decision letter that the va returns to us, they state that a higher evaluation is warranted if certain evidence is present. Based on the VA's own criteria for higher evaluation because I have these issues present, I am now in a appeals process and have been offered to elect an decision review officer or continue the traditional process. I have been advised by a veteran help organization to elect the DRO, but was looking for more advice. Can anyone offer any insight? thanks and thank you for serving

One more shot at the RO level may be better than an appeal the the BVA. Your evidence needs to show that the "issues present" represent a higher rating. Your evidence needs to be undisputable. IMO. ~Wings

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Any claim you have can be resolved at the RO level. Often the VA, being the gutless types they are, will deny a claim and force you into appeals. You try the DRO process first and if that fails then go to the BVA. I have had better luck at the DRO, but when the appeal involves a lot of money you probably will end up at the BVA because the RO people will just deny it and kick it upstairs. They hate responsibility and accountability. What VA employee wants to sign off on a claim that will cost the VA many thousands of dollars?

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I've been service connected since '96 and as some of us know that with every decision letter that the va returns to us, they state that a higher evaluation is warranted if certain evidence is present. Based on the VA's own criteria for higher evaluation because I have these issues present, I am now in a appeals process and have been offered to elect an decision review officer or continue the traditional process. I have been advised by a veteran help organization to elect the DRO, but was looking for more advice. Can anyone offer any insight? thanks and thank you for serving

DRO review Hearing is your best bet, as I have heard this and done this before its your second bite at the apple. When you set down and drill your case home with a face to face meeting and a transcript they are more apt to follow the laws as they are written. I took this process and I recommend you do the same. The traditional is nothing more than the RO parroting the same decision but with the Hearing everything is documented plus you can add evidence and perfect your claim in the process and if you elect to get a lawyer to attend you can do this also. Good Luck...........Yog

Edited by yoggie2

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bootstrap1,

There are 2 types of DRO.

1) DRO - De Novo Review

2) DRO Hearing - a face to face meeting

I reccomend requesting a DRO Hearing.

jmho,

carlie

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DRO review Hearing is your best bet, as I have heard this and done this before its your second bite at the apple. When you set down and drill your case home with a face to face meeting and a transcript they are more apt to follow the laws as they are written. I took this process and I recommend you do the same. The traditional is nothing more than the RO parroting the same decision but with the Hearing everything is documented plus you can add evidence and perfect your claim in the process and if you elect to get a lawyer to attend you can do this also. Good Luck...........Yog

Ok thanks. Do you reccommend any legal representation? What kind of a time-line am I looking at before I submit my decision to elect the DRO the va, before any meeting(s) with them? Also all of my medical records are with the va, do you reccomend I consult outside physicians for their opinions? And I know this wont happen but still even after 13 years of service connected rating, I still have negative thoughts of one day sitting down with, or receiving word of reducing my rating based on one guys opinion or personal judgement. I don't figure at this point that would ever be the case because I've gone through multiple c and p appointments with numerous increases through the years but am I the only one to sweat this? After all it is the government were talking about.

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