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3 months and counting on DRO decision and now I am facing more surgery!

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Navy4life

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Well good afternoon my fellow Vet's!!!

I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight.  I was told that it could be weeks to months to up to a year for the decision.  What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling?  It's so frustrating!  I am going on 3 years since my initial claim and almost 2 years since I filed my NOD.  I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's!

Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve.  I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016.  I filed that my left ankle was the cause of my right foot injury.  I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury.  Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014.  My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty.  But here I sit awaiting the NOD decision.

Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg.  I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together.  The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other.  Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again!  It's my right foot so I can't drive and it's frustrating!  On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that!

I literally just got back on my feet and was feeling okay!  My feet/ankles SUCK!  I feel so depressed!

I just want to cry!

I will update you with my X-ray findings but I needed to VENT!!!

 

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9 minutes ago, jfrei said:

Did the DRO have to submit anything into the office of general counsel? Are you able to visit your RO and ask in person? 

The only issue I had was the fact that my DRO was out suck so another DRO did the hearing for him. But he indicated at least 60 days to review. I don't think the general counsel is involved. I'm at the VA again today so if I have time I'll go see the DAV. 

Thanks!

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9 minutes ago, jfrei said:

Mine explained to me that she couldn't grant it at her level but she helped  get claim certified to the board quicker. 

Can you explain that to me?  I thought DRO's were in a position to make a decision??

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9 minutes ago, jfrei said:

What was the issue at hand if you don't mind? I had to get my S/C issue resolved at the bva since the retro was over 25k.

My NOD is for right foot/right ankle and left toe. Original clam 2013. NOD filed 2014. DRO hearing February 2016. If it gets approved it could be in the upwards of $9000 to $20000. It depends on % awarded and if they go back to 2013. 

I have a pending decision date out for September 2016. 

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5 minutes ago, Navy4life said:

My NOD is for right foot/right ankle and left toe. Original clam 2013. NOD filed 2014. DRO hearing February 2016. If it gets approved it could be in the upwards of $9000 to $20000. It depends on % awarded and if they go back to 2013. 

I have a pending decision date out for September 2016. 

If your able to ask him what the hold up is. Maybe he will just tell you he is currently working it favorable. Mine told me she had to deny but helped my appeal get certified quickly. All depends on his mood and if  you have the evidence.

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