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

[Navy4life]

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!!!

 

[Navy4life]

Just now, jfrei said:

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.

So how do I get to the DRO to ask him?

[jfrei]

2 minutes ago, Navy4life said:

So how do I get to the DRO to ask him?

Depends on your RO I walked in went to the Compensation disability section asked one of the people that help you submit in evidence if I could ask her a question if she was free to ask about our DRO review. She came out and was polite and willing to help.

[flores97]

Navy4life, I am sorry to hear about your fall, and I hope you receive a DRO decision very quickly!! You definitely want to let your RO know that you will have to have additional surgery on your foot, so that they can extend your temp 100% rating for convalescence!! Don't worry about the General Counsel question, your DRO should definitely be able to make a decision on your NOD, JFREI if I remember correctly had a very complex claim with a lot of complicated legal questions, which is why it had to go to General Counsel, and I am glad that he was successful in that claim through dedication and perseverance! Navy, I pray that you will get a great decision, keep your head up, we are all behind you 100%, and hope you receive a great decision and feel better soon!!

[Navy4life]

Okay update. Called Waco DAV and talked to my rep. She called over to the DRO and spoke to him. The one that did my DRO hearing. He said he is back logged and it's 6-12 months for a decision from date of hearing. While I except that what makes me upset is he said give him 60 days. So with that being said I'll leave the DRO decision alone and concentrate on my upcoming surgery. 

I was told to file the FDC the week of surgery.  All I need to provide is the letter from the doctor indicating my convalescence leave time frame. I'll submit that with the FDC and hope to be once again victorious. 

[FormerMember]

1 hour 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? 

Jfrei,

Allow me to discuss OGC for the others. Throwing out that term will confuse them if they are unfamiliar with it.  OGC stands for the Office of General Counsel. They have many functions and each is assigned a designator to route inquiries. When a VARO has a quandary about a legal question that is unique and never been encountered, they send it to OGC (021). That working group of lawyers crafts a VA OGC Precedent Opinion to cover it if necessary. When you appeal to the CAVC from a BVA decision denying you, the litigators in (027) are the ones who defend the VA's good name. If you are seeking to become a VA non attorney practitioner, you apply to (022D) branch handling attorney certification. OGC rarely, if ever, would be involved in your claim nor would the VARO personnel ever reach out to OGC. When your appeal is certified and the c-file is transmitted to DC, it goes to the BVA which is (014) but that is the only time it enters the OGC realm absent an appeal to the CAVC.

I recently put up a controversial post about finding out who your rater or DRO was. This is a classic example of utilizing it to find the author if you wish to speak to them and discuss the progress or expected completion date. Remember, do not let the tail wag the dog. The VA is your Agency. It was created by Congress for you, the Veteran. It is beholden to you for its livelihood.  You have every right to know what is afoot. Raters are not permitted to sign their decisions but they are identified by their initials. This allows us to find them and ask questions if we want to. 

 VA has gradually isolated their personnel behind concertina wire and access to individuals is increasiingly limited. However, you always have the right to walk in and cold call them. I find it refreshing to call them out and ask piercing questions about the process/progress. Eventually, they figure out you weren't born last night and become more amenable to talking about these things. I look forward to doing this more frequently when I get my agent status. 

Best of luck N4L. Don't forget to ask for your 100% convalescent rating for time after surgery.

 

[Gastone]

Who rep'd you at your DRO Hearing? Do they know your DRO's name? Maybe a personal discussion with the DRO, regarding your situation, could light a fire.

Unless your Homeless or Terminal, chances on getting a Rush DRO Decision are very slim. You or your Rep signed-off immediately with the DRO,  that you had no further N & M Evidence to submit post Hearing, right?

Strictly my lay opinion, an unrealistic (less than a year) "HOPE" of an Expedient DRO Decision, hurts rather than helps your MH conditions. Do what NOD recommended regarding a "Convalescent Rating."

If your not currently seeing a VA MH Clinician, ask your PCP for a referral. Chronic Pain and Depression, go hand in hand.

Semper Fi