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.
 

[jfrei]

Ok so as far as my DRO hearing she said she had to deny it at her level but helped me get my appeal certified and to the board in as little in 5 months. I didn't even have a hearing the judge ruled on the evidence that I had at the DRO and granted my appeal for all issues at took me from 90 to 100 then two months later my job let me go because the found out about my TBI issues and went to IU100. I was denied two issues at the appeal which was because it was deferred back to my RO so now its pending a hearing and certified at the BVA again. I have been busy since Ive been put IU Ive been able to focus on my TBI healing of my residuals. Sorry I never updated on this post. Also I am currently in works in getting a separate PTSD rating since the Ptsd exam she said she couldn't speculated which was caused by my TBI or the PTSD. Then 3 months later at my TBI review said He said I had no mental issues relating to my TBI with no PTSD even though the VA have it lumped together.

Edited March 12, 2017 by jfrei

[Gastone]

You may have already done this, but could you post a redacted list of your actual Combined SC Ratings?

Redacted copies of your DRO or BVA IU Award would be interesting reading.

Semper Fi

[jfrei]

Ok I'll have to dig them up well at the DRO one I'm not very organized but I try. But I was denied at the DRO level with the same evidence that the BVA granted. But my case was very aggravating since I was never given a SOC for the original denial and when the BVA say it they wiped my CUE saying it was technically still open even though I had a original denial letter a DRO denial and a reconsider denial.

I did get some idea of what I would need to present to the BVA. She basically said she couldn't grant it since my retro would have been triple digits. But she helped me since she felt bad she said so she made sure I was reevaluated on my granted issues seeing if it increased in the 6 years. She also helped get my claim certified and my hardship filed with it. My appeal was granted with no hearing in 5 months with 124000 in retro.

I was rated at 90%. 70 % ptsd/ TBI residuals 30 scars 30 dizziness light headness 20 shoulder rOM. 10 tinnitus 10 right foot ROM 10 hip ROM. My IU I filed after my appeal when I lost my jobs due to my TBI residuals they wrote to me.  The letter from my employer I faxed in and their Hr at American Airlines spoke and faxed in another form they requested. I could no longer proform my job due to my memory issues because of my TBI.

I filed for IU this past November they spoke to the VA in December I was granted IU in January . So I'd say that form the employer submits paperwork in your favor make it go a hell of a lot quicker.

Now Talking about my appeal I had two things in that appeal that were deferred and were denied by the RO which just pisses me off xxxxxxx Va doctors. Yet again a waste of time holding other appeals back since by law regardless if they fee my injuries don't effect me which they do it's a service connected item since it's secondary to my TBI. I had a Deep Vein Thrombosis in both my legs since I was in a month long coma no blood flowing into my legs was my guess.

Then just last year I decided in September I filing my hip fractures confining me to a bed, my mistake was not filing it with all of my other issues but somehow I overlooked it since I was confined to a bed sleeping. But as I kept looking into it and what else could cause a DVT googling it spoke of hip fractures and then thats when I filed for it. My legs to this day give me trouble either the pain in my side or my legs when standing longer then 5 minutes in one spot go numb and can't feel my feet. My legs at any moment give out when just walking and I A either can myself from falling or B fall gracefully and make it appear intentional. I also to this day get pains in the back of my legs just sitting down at times not as often but a guess in a month is 1 to 2 times for the pain and my leg gives out roughly 3 to 4 times a month depends on how physical I am that month.

My appeal and my claims are moving quickly again as I am on the phone once a week with the VA. My appeal on the deferred issues have been certified and my claim i was told my hip fracture was rated at 10% and my only issue to get resolved is the PTSD and TBI issue. Now that my hip is connected isn't that a secondary grant to my DVTs in my appeal once the decision is finalized?

The VA rep I spoke with understood my frustration and said she would help me resolve getting a new C&P for my PTSD on Monday. She said and the easy fix she said was the headaches that they said I was zero again even though they have in the records I am on 3 different drugs for the pain and on the 14th I was going i for a shot of Botox to help. And now here's a snowstorm that says it will be canceled.

To top my xxxxxx up body I also have a black out seizure disorder that for the last 8 years since 2009 I told him I was alittle fuzzy with my memory for a few years after my TBI that I can't remember if it did or didn't happen in 07 08.  My Primary VA doctor wants to send me to university of Pittsburgh TBI team funded by the Wilmington DE VA. To figure out what's causing my black outs as a residual of my TBI. I said to him my headaches are constantly there so wheather the blacks out cause headaches is not known since they're always their. To make my life worse he said they would have to legally take my license to drive until I'm on meds for the blackouts or at least know what caused them to diagnose them and drug me some more. Gastone I'll attach the paperwork tomorrow or you can search decision on the BVa recent decisions 15-45380 docket number 

15-45 380	2016

Tried to attach my DRO hearing just the Summary the whole packet was 19 pages long she gave me everything I need to the BVA of the evidence I gave her she just cited evidence to clarify why I should be granted at the BVA.

 

Edited March 13, 2017 by jfrei

[MikeHunt]

On 3/12/2017 at 2:14 PM, jfrei said:

I didn't even have a hearing the judge ruled on the evidence that I had at the DRO and granted my appeal for all issues

On 3/12/2017 at 9:49 PM, jfrei said:

She basically said she couldn't grant it since my retro would have been triple digits

 

wow

Quote

In some cases, you can actually request a second DRO review before taking it to the BVA level.

Yikes

Please; not at all trying to dis advice given in good faith, in hindsight- all in my perfect 20/20, of course.

Perhaps DROs rule in Veterans favor if the rater writes "I just made the wrong decision and am writing I made the wrong decision"

Few humans will decide against their own interests when given any possible out- even if it means destroying others- Which, after hearing Jeffry's tone through the posts she nearly did.

Upshot:: 'Don't do DRO'

[jfrei]

Ultimately it didn't even matter she told me I was never even given a SOC in my intial decision so that should have been an easy grant for her but she lacked the authority her words and it had to be decided by the BVA. No upshot :but she did help certify my appeal to the board which is why my appeal only took 5 months to decide and my retro was almost 100k.

Edited March 26, 2017 by jfrei