THOUGHT I HAD A WINNER.....

[63Charlie]

Disappointed in the quality of legal help I recently received by a veterans law group.

I sent the firm copies of all of my NODs and a copy of my C-file.

All of the decisions that I wanted to appeal, I had previously filed NODs

I received a letter stating, "GOOD NEWS!" that we have filed a Notice(s) of Disagreement on my behalf.

I allow time to pass and decide I'd like a copy of what the "good news" is that they sent the VA.

I was promptly emailed a copy of their new NOD, per my request.

Once I review their documents, I find that they have appealed EVERY DECISION made by the VA.

I notified my case manager of my disappointment in their "shotgun" strategy for my appeals.

They appealed the only two fully favorable VA decisions which I have received that are service connected at the MAXIMUM rating.

 

WTH?

 

And if that wasn't enough, they decided to change my appeal process from a traditional appeal, to a DRO review.

I have zero confidence in getting a fair and impartial DRO review based upon past experiences with the raters at my VARO.

Looks like I'm back to square one again.

 

 

 

 

Edited February 14, 2017 by 63Charlie

[Gastone]

Take a DEEP BREATH, try and relax a bit, you may be somewhat premature with your negativity.

1st off, if the VA Required N & M Evidence supplied by you or your Lawyers with the DRO Review Request is extremely compelling, you might get a quick Award. DRO Review Decisions can be Awarded or denied in as little as 12 to 18 mos.

Traditional BVA Appeal can take 3+ years just to get a Docket Number, then another yr or so for the actual Hearing, and whatever time it takes to write the Decision. Then there's the possibility of a Remand, you could be 5 yrs down range and still no decision.

By using the DRO Review, you still have the BVA Hearing as a fallback position if the DRO Continues your Denial.

Semper Fi

 

[63Charlie]

Got a phone call from my case manager.

She is going to withdraw the two appeals.

I'm taking your advice, Gastone, and taking a DEEP BREATH, and going to chill for a bit.

Going to let the attorneys proceed.

[63Charlie]

Tried to wrap my head around it and just let it go, but I couldn't do it.

They lost my trust.

Back to square one.

 

 

[MikeHunt]

Don't blame you one bit- When 'experts' are more ignorant than me- serious problem!

[broncovet]

Who, hoss!  Give your attorney a chance.  There is a reason for this:  Just because you dont understand it, does not mean it is not a good idea.  

Here is one possibility:

Lets say you filed in 2002.  Denied..More decision..finally you get benefits in 2016, but you are seeking an earlier date. 

One solution may be to appeal all the decisions.  The RO "strictly" refers to an "issue" AS A CLAIM. 

The courts take a much broader view.  Why is this important?  Well for one thing there is a deemed denial, where VA never adjuticated one of your issues.  That means its still pending, and by appealing it can effect you an eed. 

Give your attorney a chance.  

[Buck52]

DRO's  & Raters Are not that bad, some may not read the evidence  but at a DRO Hearing you can see to it they do.

I had an ENT VA  Doc tried to have my 50% rating reduced back to 0% and matter fact he ask my S.C, Be taken away...I Appeal the proposal to reduced and  got me an IM0/IME Specialist  And the DRO did say the VA Dr Over step his bounds with my claim and  dismissed his recommendations ...I walked out of the DRO Hearing from 50%  to 90% TDIU P&T ...retro to follow.

The point I want to make is never underestimate the DRO...I was happy to keep my 50% but the DRO had my Rep to file the IU And he would expedite it that same day.

because both DRO & Rater Seen my disability up close/ How bad I actually was  and also he added chronic  to my disability and said my disability is not expected to get better during my life time (as was in part of my evidence from the specialist).....and with my new  evidence  the DRO said an increase is warranted for this veteran and not a decrease.

Although this was back in 2002  some Regulations have been changed for the better.

Evidence  & Patients  Wins Claims!

Edited March 1, 2017 by Buck52