Jump to content

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Search



  • 0
blue12

Dro Disqualification

Question

Hello all. Need some advice here.

I filed a NOD on a decision that denied an earlier effective date.

The RO held a DRO De Novo hearing. At hearing, we found out that the hearing officer was the one that had made the denial. It did not hit home that he should not have been officiating the hearing.

A few weeks later, we received a denial by the DRO.

We immediately filed for an appeal with video hearing.

This past week, after a lot of research in preparation for our appeal, I stumbled across the requirements of M21-1MR, Part 1, Chapter 5, Section 13 ©, which stipulates that the DRO that made the decision of which was under review at said hearing could not officaite this hearing.

This was the proverbial last straw.

I wrote an application for a 1151 Claim, stating,

1. Failure of the VA to diagnose symptoms of ******* from date of retirement from active duty military, effective August 1, 1994 to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist claimants.

2. Failure of duty to assist the veteran in developing a claim for ******** from date of retirement from active duty military, effective August 1, 1994, to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist.

3. Failure of duty to assist the veteran in receiving maximum benefits, from date of retirement from active duty military, effective August 1, 1994, to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist claimants; M21-1MB, Chapter 5, Section C, 11©; and M21-1MR, Part 1, Chapter 5, Section C.

4. Failure of VSCM, ********** *******, to perform per the requirements of M21-1MB, Chapter 5, Section C, 11©; failure to appoint an acting DRO during the disqualification of ***** *******, in violation of stated federal regulation.

5. Failure of DRO, ***** ******, to perform per the requirements of M21-1MR, Part 1, Chapter 5, Section 13 © Mr. *******, the DRO at de novo hearing on May 5, 2009, was the same DRO that made the decision of which was under review at said hearing, and in violation of stated federal regulation.

6. Failure of DRO, ***** ******, to perform per the requirements of M21-1MR, Part 1, Chapter 5, Section C, 11(:P; Mr. *******, DRO at stated hearing of May 5, 2009, stated on the record that he was the person that had made the decision we were asking for the reconsideration of. The transcript provides that this statement has been removed from the record.

7. Additionally, Mr. ******, per federal regulations of M21-1MR, Part 1, Chapter 5, Section C, requires a full consideration of all evidence of record. Mr. ****** denied an earlier effective date based on an erroneous medical opinion and not the corrected medical opinion of Dr. ***** ******, and the fact that ******* was not claimed upon initial application for benefits with the VA upon retirement from active duty military in 1994.

8. Further, Mr. ****** stated that I did not claim dizziness as a symptom in 1994. I did. Please refer to Ratings Decision dated 2/1/495, page 4. It was combined with **** ****** by the VARO, which constitutes a further violation of federal regulation M21-1MR, Part 1, Chapter 5, Section C.

9. Failure of Veterans Service Representative **** ***** to object to the DRO De Novo Hearing of May 5, 2009, on grounds of disqualification of presiding DRO.

10. Failure of Veterans Service Representative **** ***** to maintain and preserve the best interests of the claimant in stated DRO hearing.

11. Claimant would like the record to reflect that Mr. ***** was placed on this case the morning of May 5, 2009 DRO hearing by the VARO. Mr.***** knew nothing about my case whatsoever. (We also used to work together in the late 80's...I knew this guy....now works for the RO)

12. I was awarded a service connection for the misdiadignoses disease in 1994.

13. Award of service connection in December, 2008, based on an erroneous medical opinion.

14. Correction of previous award entered by VARO on March 2, 2008, corrected to 100% service connection for ***** , of which ***** was claimed in 1994.

15. Subsequent denial of earlier effective date based on numerous erroneous facts and errors.

This was filed with the RO this past week.

My problem is that I don't know what to expect now.

What should our next step be?

What happens to the DRO?

The RO administrator stated that they are doing a review of the case now and are going to have a different DRO review it.

I want to make sure that I am doing everything correctly and would appreciate any feedback. It would be most appreciated.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

6. Failure of DRO, ***** ******, to perform per the requirements of M21-1MR, Part 1, Chapter 5, Section C, 11(; Mr. *******, DRO at stated hearing of May 5, 2009, stated on the record that he was the person that had made the decision we were asking for the reconsideration of. The transcript provides that this statement has been removed from the record.

This caught my eye - if you received a denial from a DRO and asked for a reconsideration in which they gave you a hearing - they really did not do anything wrong as it is normal procedure when a vet asks for a reconsideration it will go back to the person that made the original decision. Now if it was an initial denial and you asked for a DRO review with a hearing and the original rater acted as the DRO at the hearing then they have violated the rules and regulations.

So please clarify for my ole mind was this a request for a reconsideration of a dro denial?

Share this post


Link to post
Share on other sites

Ad


I wrote an application for a 1151 Claim, stating,

1. Failure of the VA to diagnose symptoms of ******* from date of retirement from active duty military, effective August 1, 1994 to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist claimants.

2. Failure of duty to assist the veteran in developing a claim for ******** from date of retirement from active duty military, effective August 1, 1994, to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist.

3. Failure of duty to assist the veteran in receiving maximum benefits, from date of retirement from active duty military, effective August 1, 1994, to January 22, 2008, per requirements set forth in 38 USC 5103 - Sec. 5103A. Duty to assist claimants; M21-1MB, Chapter 5, Section C, 11©; and M21-1MR, Part 1, Chapter 5, Section C.

4. Failure of VSCM, ********** *******, to perform per the requirements of M21-1MB, Chapter 5, Section C, 11©; failure to appoint an acting DRO during the disqualification of ***** *******, in violation of stated federal regulation.

5. Failure of DRO, ***** ******, to perform per the requirements of M21-1MR, Part 1, Chapter 5, Section 13 © Mr. *******, the DRO at de novo hearing on May 5, 2009, was the same DRO that made the decision of which was under review at said hearing, and in violation of stated federal regulation.

6. Failure of DRO, ***** ******, to perform per the requirements of M21-1MR, Part 1, Chapter 5, Section C, 11( B) ; Mr. *******, DRO at stated hearing of May 5, 2009, stated on the record that he was the person that had made the decision we were asking for the reconsideration of. The transcript provides that this statement has been removed from the record.

7. Additionally, Mr. ******, per federal regulations of M21-1MR, Part 1, Chapter 5, Section C, requires a full consideration of all evidence of record. Mr. ****** denied an earlier effective date based on an erroneous medical opinion and not the corrected medical opinion of Dr. ***** ******, and the fact that ******* was not claimed upon initial application for benefits with the VA upon retirement from active duty military in 1994.

8. Further, Mr. ****** stated that I did not claim dizziness as a symptom in 1994. I did. Please refer to Ratings Decision dated 2/1/495, page 4. It was combined with **** ****** by the VARO, which constitutes a further violation of federal regulation M21-1MR, Part 1, Chapter 5, Section C.

9. Failure of Veterans Service Representative **** ***** to object to the DRO De Novo Hearing of May 5, 2009, on grounds of disqualification of presiding DRO.

10. Failure of Veterans Service Representative **** ***** to maintain and preserve the best interests of the claimant in stated DRO hearing.

11. Claimant would like the record to reflect that Mr. ***** was placed on this case the morning of May 5, 2009 DRO hearing by the VARO. Mr.***** knew nothing about my case whatsoever. (We also used to work together in the late 80's...I knew this guy....now works for the RO)

12. I was awarded a service connection for the misdiadignoses disease in 1994.

13. Award of service connection in December, 2008, based on an erroneous medical opinion.

14. Correction of previous award entered by VARO on March 2, 2008, corrected to 100% service connection for ***** , of which ***** was claimed in 1994.

15. Subsequent denial of earlier effective date based on numerous erroneous facts and errors.

This was filed with the RO this past week.

My problem is that I don't know what to expect now.

What should our next step be?

What happens to the DRO?

The RO administrator stated that they are doing a review of the case now and are going to have a different DRO review it.

I want to make sure that I am doing everything correctly and would appreciate any feedback. It would be most appreciated.

blue 12,

May I ask what does any of this at all have to do with an 1151 claim ?

This - to me does not even begin to resemble an approach to an 1151.

carlie

Share this post


Link to post
Share on other sites
Hello all. Need some advice here.

I filed a NOD on a decision that denied an earlier effective date.

The RO held a DRO De Novo hearing. At hearing, we found out that the hearing officer was the one that had made the denial. It did not hit home that he should not have been officiating the hearing.

A few weeks later, we received a denial by the DRO.

blue12,

There is nothing I know of called a DRO De Novo hearing.

There is a DRO De Novo Review in which a DRO goes over the claim again

and makes a decision.

There is a Hearing that can be held with a DRO.

Talking about a request for reconsideration and a NOD is

like comparing apples and oranges.

To answer your question in regards to a DRO Hearing that was the result of filing a NOD,

this is the best I can do.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch04.doc

1. General Information on Hearings, Continued

e. Who Conducts Post-Decisional Hearings

The DRO is empowered to hold post-decisional hearings on VBA benefit issues.

The duties and authorities of the DRO may also be exercised by the VSCM.

The DRO serves as an integral member of the Appeals Team, reporting to its Coach.

Note: If the DRO participated in the original decision, another DRO or acting DRO must hold the hearing.

Edited by carlie

Share this post


Link to post
Share on other sites

When you complete a NOD, It is imparative that you put on the top of the page that this is a NOD and not a request for reconsideration.

The RO can reconsider a claim and cause mass confusion even on a NOD.

The Claimant must clarify the NOD.

J

Share this post


Link to post
Share on other sites

Note: If the DRO participated in the original decision, another DRO or acting DRO must hold the hearing.

This applies if you are still appealing a DRO denial and some how luck up and keep the claim at the RO and have a hearing. Then they must assign a new DRO. But if you asked for a reconsideration of a DRO denial because you have evidence that was not considered then it will go back to the original DRO.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Advertisemnt


  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Latest News
  • Our picks

    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • e-Benefits Status Messages
      e-Benefits Status Messages 

      Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
      • 0 replies
×

Important Information

{terms] and Guidelines