Dro Hearing decision

[jfrei]

Apparently I did not read my DRO decision good enough the first 3 times, but if you read the last page she states that the OGC decision was made with all of the cited evidence in my claim, that cannot be true. They made their decision a week before the engineers report I hired was submited into my claim as new evidence. How can she say all evidence cited in my claim was considered in the decision from the OGC if they never even seen the report it shows the dates when all was submitted and it says she got her answer the 23rd from them but then on the 30th the day she wrote up the decision my new evidence was submitted into my claim? She looked at it the day she wrote her decision and entered it in that day even cited a few things as true but only the bits she used to deny as OGC said to . How can she just use some of the report, if it's all true wouldn't the whole report have to be cited and weighed in? She was nice about deny it saying well there's nothing I can do here but I will help you with the appeal and saying they can approve the things I can't.
 

[pwrslm]

Back to basics.

Was any positive information in the case file ignored?  Would that information have ultimately proven your case?  If there was positive info that they did not deem credible, is there a reason or a basis for why they set the evidence aside? 

[Navy4life]

Okay I am confused.  Did you have a DRO Review Hearing?

[Gastone]

Was this "Engineer Report" the result of your DRO issuing a "60 Day N & M Evidence Submission window," at the end of your Official Hearing? Did you get it in within the 60 days specified?

A fellow Vet had his DRO Hearing 09/15, DRO stated at end of Hearing she would be continuing Denial of 1 issue, if N & M Evidence wasn't received within 60 Days. He and his attorney decided not to pursue that issue, hoping to get the other issue of IU awarded faster. The Vet received the transcription of the Hearing 01/26/16, along with a letter stating the DRO was still reviewing his case.

For info purposes, what was your DRO timeline. Had you given any thought to obtaining the "Engineer Report," in advance of your DRO Hearing? Were you Rep'd by a VSO prior to and at the Hearing? Your continuing to the BVA Hearing, right?

Semper Fi

[jfrei]

Basically I was already waiting for the response from OGC she submitted to them when I did all this on my own so I didn't feel like I was the only saying what I already knew. Maybe to avoid more kick backs of new evidence going back to the RO. The whole report was basically in my favor it was written with the help of the investigating police officer in my accident. So out of pocket I went to this expert and it was obvious he said that it is impossible to say that it was not the contributing factor to my crash to go as far in the packet as saying even the officer said he couldn't determine what caused my vehicle off the road but that I had violations as factors but not the sole factor of accident. Now when I spoke to her I said I hadn't hired him so she asked should she wait to  submit a question to OGC or wait for the report. But I said submit not that the report at the RO would have helped. While I was waiting my anxiety was kicking in and hired him anyways the day I got that report I drove it to the RO and spoke to the DRO she said OGC already got back to deny so she had to but she would help me with the appeal with my attorney.

[jfrei]

I had an attorney for the hearing who said just hold off on the report but when it goes to DC to have it. I guess at least its in my claim so it doesn't get to the board then go back RO and then back to the board. Just frusterated that it couldn't swing in my favor at the DRO. Apparently they do have limitations on what they can grant I even told her please take whatever retro all I want is  the medical attention. 

[jfrei]

timeline for Gastone

Edited February 1, 2016 by jfrei
edit