Other Than Dro Hearing?

[kymike]

Hi all, I went to see my VSO today. He gave me a printout with current claims and dates. It listed a hearing I had at the VARO as other than dro hearing. What the heck? So I called " Peggy " and asked why they didn't send me a SOC after my hearing last year? They said that I haven't appealed anything and had asked for a hearing just not a DRO hearing. Can anyone explain this ?

Thanks, Mike.

[71M10]

The fact that your hearing was considered a personal hearing is not the problem. Ensuring that you can prove that you sent Notice of your Disagreement with the decision is!

A Couple of things you can do. Find your copy of the original request, the one where you say you disagree with thier decision. If you can't find yours, ask them for a copy of the hearing request. Did you indicate in the hearing that you disagreed with the decision? If you did and it was a recorded hearing request (or find a copy of the transcript), if a transcript of the hearing was made, and you indicated you disagreed with the decision, then the VA is very much in possesion of a written notice of disagreement. Unless you specifically requested a "DRO" hearing they can play this game that it was a post decisional hearing. But it seems that your initial communication and the form they had you fill out at the VARO should qualify as NOD's. The biggest problem is getting copies of them. Send them a letter right now (return receipt requested) Indicating the two seperate times within the first year after the decision that you indicated to them in writing that you disagreed with the decision. In a seperate letter ask them for a copy of the hearing request that you sent to them on XXXXX day. Ask for this copy under the privacy act.

Best regards,

[kymike]

71M10 thanks for responding. I will go down to the Ro tomorrow and request the transcript and ask my VSO about the hearing that we attended. I only live ten minutes away,so they may be seeing a lot of me.<br /><br />The person was DRO, but now not sure what kind of hearing it was.<br />My main contention at this hearing was a legal and technical one. My SC lunar back rating was reduced from 40% to 10 % . They claim that error was made in the 2005 decision that granted 40% for DDD and HNP be cause the rater failed to obtain a medical opinion( nexus) from the C&amp;P examiner. Basically, I was originally awarded SC for my lumbar spine in 1995 calling it back pain 10%… Then in 1997 changed to back pain/SI joint pain. 2005 C&amp;P exam changed the diagnosis to DDD with Hnp. The rater didn't ask for a medical opinion because it was for an increase. The dx code was 5243(Ivds). So I stay at 40% for lumbar spine for five years and 3 spine surgeries that the VA paid for and gave me 100% temp.<br />Then in July 2010 they order a C&amp;P exam which stated that my DDD and HIP was not related to service. They had made an error.<br /><br />So at the hearing I asked them what regulation they used to reduce my SC. Did they sever my SC for SED and HNP properly? I got a proposed reduction not a proposed severance. And the main point me and my VSO argued was this. Where does it say in the CFR. that a rater has to ask for a medical opinion?<br />They make rating decisions without them all the time.Since they don't often give reasons in award letters like they do in denials. The 2005 rather could have considered continuity of symptoms or that my DDD was diagnosed during one year post service. I argued that VA said the made an error but didn't call it closer and unmistakable. Never explained how that was an error. Reduced my percentage but kept the IVDS school code. I asked, if spine exam is based ROM and you didn't change Dx code why would dropping the DDD effect my rating? The DRO never asked me a question and didn't answer any.<br /><br />It gets better. In a July 2013 letter they award my claim for Sciatic nerve radiculopathy and scar from lumbar fusion secondary to my back and SI joint pain. But on the front page it said secondary to DDD and HNP.<br /><br />Sorry that was long. It is also hard to type on an Android!<br /><br />Thanks. Mike