Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Dro Coming Up

Rate this question


retiredat44

Question

With my DRO coming up, I have some questions.

First of all the DRO wil give a chance to show that in the process, up until now, most of my evidence was ignored. And, further that my NOD did not spell out all the duties of my job, and all my inuries, and that the process failed to see that whoever looked at my file and denied me, failed to see all the evidence, whether ignored or bungled.

In the DRO request I pointed out that they only looked at the Jet Fuel (JP-4), not the Leaded Gasoline, Diesel fuel, and Trichloroethylene al were totally ignored. So, they are all now listed in my DRO review and hearing request.

I have to ask them why I am already rated at 50% for illness from Jet Fuel, yet they say there is no evidence of illness from jet fuel?? wtf, what kind of contradiction ids that? Jet Fuel contains the same Benzine which is in gasoline.

I though that the people who do the reviews and ratings were suppose to know the job descriptions of the veteran's claims? Apparently the people who do the claims process have no clue, or they do not even bother into looking into the claimant's jobs and job descriptions.

if they had read the job desciptions they would have clearly saw all the chemicals I worked with.

So, now I have to spell out every part of my jobs I held.

My IMO clearly stated al the chemicals I worked with in the 2 jobs I held in the USAF. I also spelled out that after I held one job, got sick and was moved to another job which was cleary against the doctor's orders, not to work with petroleum chemicals.

I have to explain that the claims process ignored al the chemaicla.s

I suppose I have to try to not get angry with the DRO people and tell them the the claims process people bungled their jobs.. They totally ignored evidence! But, I suppose I cannot/should not chasitise them for being stupid.

While I have solid proof and evidence, I have more questions.

Do I need to get more evidence?

such as:

Do I need to get studies and VA hearing decisions and print them out shwoing the chemicals are carcinigens and cancer causing chemicals?

Studies off the Internet and websites showing prior studies and cases regarding toxic chemicals?

Clearly, they have access to the same information I have and can get/ or do I have to lead them like they are stupid and show them everything i can find about illnesses caused by Gasoline and toxic chemicals? How about diseases like cancer and liver and pancreas diseases caused by petroleum chemials?

Do I need to start printing out all these studies? Do I stack them on the table at the DRO hearing?

It appears that having too much evidence is better than too little! But, I just don't understand why they ignore evidence?

What am I missing?

Edited by retiredat44
Link to comment
Share on other sites

  • Answers 42
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

retired,

Sure, Precedent setting Court Cases would be great !.

Please post again what disability's you are SC'd for and at what percentages for each.

Here is a copy of what is my current rating.

post-5809-091603600 1287556569_thumb.jpg

Link to comment
Share on other sites

I got this info from another website..

Before I post it, I just wondered, in the DRO process, do they do a review on the claim and documents before the hearing? Of does the hearing come before they do the whole review?

========

DRO Review Process, De Novo Review, Hearings, Informal Conference Procedures

Lead[-]

DRO REVIEW PROCESS

Actual explanations are excerpts taken direct from M21-1MR, Part I, Chapter 5, Section C. Much of this Chapter 5, Section have not been put in here since they are not pertinent to the veteran. This is simply created to try to help a veteran understand this portion of the appeal process.

Stage 1:

The appellant elects the DRO review process.

Stage 2:

The DRO conducts a de novo review of the prior decision

Stage 3:

Based on a review of the evidence of record, is there enough evidence to make a new decision?

• If yes, the DRO makes a new decision.

• If no, the DRO

− pursues additional evidence considered necessary to resolve the claim, and/or

conducts an informal conference to obtain additional evidence from the appellant and his/her representative.

Stage 4:

Based on evidence gathered, the DRO

• upholds or overturns the original decision

• works with the appellant and his/her representative to

− focus the issue, and

− fully explain the decision in an effort to resolve the appellant’s disagreement, and

• begins to prepare the appeal for BVA review by sending an SOC, unless there is a full grant of benefits.

What is a DRO?

The Decision Review Officer (DRO) is a senior technical expert who is responsible for holding post-decisional hearings and processing appeals. The DRO may have jurisdiction of any appeal.

Notes:

• The DRO is a member of the Appeals Team but is under the direct supervision of the Veterans Service Center Manager (VSCM) or assistant VSCM. The Appeals Team Coach may assign work to the DRO.

• The composition of the local appeals team may vary. At some ROs, the team may consist of only DROs, while at others, it may include

− DROs

− RVSRs

− VSRs, and

Claims Assistants.

Link to comment
Share on other sites

the DRO hearing letter is suppose to be any day now according to my VSO.. I wonder why she says she expects it by the end of this year, and she also says they usually only give about 3 weeks notice...

I wonder if they first review it to see if even need a hearing,, and if it doens't maybe they just approve all or part of it, then call a hear to resolve any left over parts..

or maybe they just hold the hearing without trying to resolve it first... and do the reviewing after the hearing...

in any case, I hope I live long enough to see the damned hearing,,

I have been so sick I called the damned hospital, and I told the cal center I need to leave a message for my doctor,

after waitng 20 frakkin minutes, they answers,, i told them I need to leave a message for my primary care doctor..

I told her my pancreas was very swollen, she told me to stop and talk to a nurse.. I was mad because she just clicked some buttons instead of letting me leave a message

(I always leave messages for my doctor.. I always have..)..

She witched me to some nurses phone, and it rang for 5 minutes. I finally got pissed and hung up..

when one has pancreas diesease and you are sick with it swollen it is pure hell! Horrible!

it feels like your guys have a red hot pocker jammed in it and goes out the read.. and the muscles, rip anhd pull at the burning organs..

I don't want to go to the emergency room, as I don't want to go through the hell.. of admission,

what I want is a few tests to make sure soemething real bad is not going on...

I can only tell when it's swollen, but cannot tel if it is a new tumor, cyst, or what..

as of now I have many small cysts on the pancreas, and there is nothing thast can be done

the surgeons say if I get more fevers or sick again, they wil remove my pancreas..

no amount of morphine helps, and food and drink only make it worse..

welcome to my life!

I wish I could put it in a syringe and jam it into the claims people!

Edited by retiredat44
Link to comment
Share on other sites

the DRO hearing letter is suppose to be any day now according to my VSO.. I wonder why she says she expects it by the end of this year, and she also says they usually only give about 3 weeks notice...

I wonder if they first review it to see if even need a hearing,, and if it doens't maybe they just approve all or part of it, then call a hear to resolve any left over parts..

or maybe they just hold the hearing without trying to resolve it first... and do the reviewing after the hearing...

in any case, I hope I live long enough to see the damned hearing,,

I have been so sick I called the damned hospital, and I told the cal center I need to leave a message for my doctor,

after waitng 20 frakkin minutes, they answers,, i told them I need to leave a message for my primary care doctor..

I told her my pancreas was very swollen, she told me to stop and talk to a nurse.. I was mad because she just clicked some buttons instead of letting me leave a message

(I always leave messages for my doctor.. I always have..)..

She witched me to some nurses phone, and it rang for 5 minutes. I finally got pissed and hung up..

when one has pancreas diesease and you are sick with it swollen it is pure hell! Horrible!

it feels like your guys have a red hot pocker jammed in it and goes out the read.. and the muscles, rip anhd pull at the burning organs..

I don't want to go to the emergency room, as I don't want to go through the hell.. of admission,

what I want is a few tests to make sure soemething real bad is not going on...

I can only tell when it's swollen, but cannot tel if it is a new tumor, cyst, or what..

as of now I have many small cysts on the pancreas, and there is nothing thast can be done

the surgeons say if I get more fevers or sick again, they wil remove my pancreas..

no amount of morphine helps, and food and drink only make it worse..

welcome to my life!

I wish I could put it in a syringe and jam it into the claims people!

Go to my health evet and sign in we can now get messages my email straight to our PCP. Don't use this for an emergency. Also if I need to get something to her right away I send her a fax and most times she takes care of it right away.

Link to comment
Share on other sites

  • HadIt.com Elder

The VA says you are entitled to a personal hearing at any time in the process. Sometimes they read the file before hand and sometimes I think they don't. They don't make a decision at the hearing usually, but may give you a strong hint. You have to get the decision in black and white to be sure.

Link to comment
Share on other sites

Go to my health evet and sign in we can now get messages my email straight to our PCP. Don't use this for an emergency. Also if I need to get something to her right away I send her a fax and most times she takes care of it right away.

I see this, but see no other way to message anyone..

https://www.myhealth.va.gov/mhv-portal-web/mhv.portal?_nfpb=true&_nfto=false&_pageLabel=spotlightArchive&contentPage=spotlight/November%202010/spotlight_vet_story.htm

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use