Need Information On Dro Procedure

[Rockhound]

I have a DRO hearing in the not so distant future and not having gone through one, I would like to know more about what goes on in such a hearing. I am told that my previous AMVET SO had requested an informal hearing. What is the difference from and informal hearing and a formal hearing? I was asked by my Replacement SO whether or not if I wanted a recording of the hearing and I opted to have one, I hope this is what I should request, it just seems logical that I should. Anyway it might help my nurves if I know as much as I can about this type of hearing.

Any help and or experiences you might have, s gratfully and egerly appreciated.

Rockhound Rider :)

[joeyjessup]

I asked the BVA for a copy of the tape recording of a hearing for a reduction of rating hearing. The BVA sent me another copy of the transcript! The transcript of the hearing had entire conversations between myself and a witness that are not on the record. Do they destroy the recording tape after the transcripts are transcribed? This is BS!

In January I had a c/p exam for an increase of my disability Nuerological Nos (50%). The exam is inadequte, grossly inadequate . I question the doctor even specializes in my disability. He was not concerned of my symptoms or symptomology. In my opinion they did not go over my entire file. A month later I get a notice to reduce my rating from 50%-30%! I had a hearing late April, had a co worker do a buddy statement and eyewitness statement from my significant other.  I told the Board the interview was inadequte. The board went with the original doctors findings and disregarded the statements stating they were "not doctors". WTF.  why say we can submit buddy statement and eyewitness statements?BS. A lay person can testify to an eyewitness of symptoms. I looked over the transcripts and there were entire passages I said that were not on the record. I brought up the head trauma i received in 1995 while in service and is in my medical file.   HADIT.

[Buck52]

No they don't destroy the transcript of your hearing  they should send you a copy and place one in your c-file, if this was informal hearing  usually  the transcripts should have been type written.

Request a transcript  of this hearing and compare it to the one you have!

sounds to me like the Dr in your January C&P Did not believe you or read your evidence.

he probably predetermine your disability before he examined  you  (JMO)

I suggest to NOD  and see a private specialist  & get and IME  and have that Dr to compare your C&P's from VA.

(after he/she examines you) or Request a different C&P Doc   and one that is qualified to do the exam.

you need to ask what there credentials are  what they specialize in?

 As for as the private specialist Dr Ask for his/her Impression of your disability's & fill out a Nexus Statement as to which you can find among these post here at hadit.

As for as Buddy statements  a veteran can submit them as evidence  but its only eye witness accounts they can not speculate on your condition  only what they seen that may cause your condition time and date.  in which  medical records should prove.

 

Remember probative evidence wins.

................................Buck

Edited December 26, 2015 by Buck52

[Gastone]

JJ: How did your topic get on Rockhounds 2010 DRO topic. You might want to start a new Topic. Sounds like you have serious BVA reduction problems to address.

I've never had any experience with the BVA but I don't think you can NOD a BVA decision, even if it's based on a Remand C & P. I could be wrong, but I think your only recourse after a BVA Decision is the CAVC. Consider addressing your BVA Decision issues to AskNod.

Semper Fi

[joeyjessup]

I asked the BVA for a copy of the tape recording of a hearing for a reduction of rating hearing. The BVA sent me another copy of the transcript! The transcript of the hearing had entire conversations between myself and a witness that are not on the record. Do they destroy the recording tape after the transcripts are transcribed? This is BS!

In January I had a c/p exam for an increase of my disability Nuerological Nos (50%). The exam is inadequte, grossly inadequate . I question the doctor even specializes in my disability. He was not concerned of my symptoms or symptomology. In my opinion they did not go over my entire file. A month later I get a notice to reduce my rating from 50%-30%! I had a hearing late April, had a co worker do a buddy statement and eyewitness statement from my significant other.  I told the Board the interview was inadequte. The board went with the original doctors findings and disregarded the statements stating they were "not doctors". WTF.  why say we can submit buddy statement and eyewitness statements?BS. A lay person can testify to an eyewitness of symptoms. I looked over the transcripts and there were entire passages I said that were not on the record. I brought up the head trauma i received in 1995 while in service and is in my medical file.   HADIT.

I asked for a tape recording of the hearing not a copy of the transcript, hope this clears things up. The BVA sent me a copy of the transcript that I already possess. The transcript left out entire statements that I was very clear about and witness statements that are simply missing from the official record. I want a tape recording of the hearing to compare it to the official transcript. Sorry about the confusion.

[68mustang]

I have a DRO hearing in the not so distant future and not having gone through one, I would like to know more about what goes on in such a hearing. I am told that my previous AMVET SO had requested an informal hearing. What is the difference from and informal hearing and a formal hearing? I was asked by my Replacement SO whether or not if I wanted a recording of the hearing and I opted to have one, I hope this is what I should request, it just seems logical that I should. Anyway it might help my nurves if I know as much as I can about this type of hearing.

Any help and or experiences you might have, s gratfully and egerly appreciated.

Rockhound Rider :)

Rockhound

I hope someone answers your post because I might end going the same route in the future. Thanks.

68mustang

[Berta]

DRO hearing and informal conference can be almost the same thing-if the results help the claim to succeed.

Only advise I have is to make sure that any new evidence gets into the record and that the VA acknowledges on the tape recording any evidence they already have that might be point of argument during the hearing/conference.

I mean if the VA interpreted the evidence wrong or did not have enough rebuttal against it and should have considered Benefit of Doubt if they didn't.

It pays to havce the evidence in a manila folder or more than one with a cover letter listing the evidence and specific points you want to make - and have a copy for the Rep and the DRO.

I asked VA to CUE itself in 2005 on a so-called copy and paste de novo DRO review.

I got an informal conference set up very quickly and trusted my rep to do his job for me and be there in my place as my POA.

I went over the critical evidence with him by phone (I knew this guy for almost 20 years and felt he would do a good job) and told him exactly what to say regarding one point-

and to make sure the DRO acknowledged my IMOs.

BIG mistake-long story-

he has been demoted and I will never allow any POA to stand in for me again.

They (vet reps) can be a big help if they are present with you.It is their job. But they must be as familiar with the evidence and the claim as you are.

Edited May 9, 2010 by Berta