NOD denied and errors to boot! Need opinions

[Navy4life]

I posted this in my other ongoing thread but I want this brought to the forefront.  I was recently denied by WACO DRO Steve Wilbur and I believe I was retaliated because I simply asked Robert McDonald in an email to step in after 6 months of waiting for a decision when the DRO told me in the informal hearing to give him 60 days.  My hearing was 45 minutes long and I was well prepared.  The DRO Steve Wilbur has a very bad reputation at WACO for denials.  I received a call from DRO Wilbur on August 18th, 2016 stating he received my request for a decision.  He told me he would be deciding it within the week but in fact he had already decided it that day!  Now I have yet to received the SOC but I have a Women's Outreach Coordinator in St. Petersburg VBA who is a very close friend of mine and happened to see the denial in my records.  This idiot DRO failed to put a cover letter with my SOC and no date on my SOC.  He simply submitted it to Evidence Intake and never mailed it to me!  If it wasn't for my connection I would still not know and would not be within the 60 days to file the Form 9.  I emailed Robert McDonald earlier this week, firing off my distaste for this DRO and my local congressman.  I plan to further put him on front street when I do file the Form 9.

As for my NOD, I filed it back in 2014 for right foot (5th metatarsal fracture), right ankle condition, and left toe condition.  I am attaching a lot of documents and I know we all have busy lives and I have helped a lot on here and now I need help please!  I need your opinions on this situation.

Original denial for toe condition was on decision letter in June 2014.  They put the denial of the toe condition on the wrong foot!  It was noted on the right foot when it should have been the left foot.  I pointed this out since my right ankle and right fracture had yet to be decided on.  November 2014 received denial for right foot/right ankle and toe condition noted on left toe continued to be denied.  This was after I had a C&P exam July 2013 where I provided TWO DBQ's from my current outside podiatrist stating my injuries to my feet/ankles/toe was all in-service injuries and I was still affected by them to this day.  That was 2013.  I was s/c in June 2014 and was able to start getting treatment by the VA.  My primary had X-rays completed and in 2014 it showed an old fracture to my right foot, the 5th metatarsal.  The C&P examiner made a rationale that stated he noted diagnoses in the C&P exam.  He felt comfortable with the DBQ's from what I gathered.  November 2014, a medical opinion by some doctor I never saw but supposedly reviewed my records determined either I was healed and no further treatment or that I had in-service injuries but no loner had issues.  So I filed NOD November 2014 citing the errors and why I felt the denial was incorrect.  Fast forward to February 2016, I had my informal hearing with DRO Wilbur.  I had submitted a Nexus letter dated February 12th, 2016 from my podiatrist indicating he reviewed all my SMR's and my current conditions were all related to in-service injuries.  During the hearing, DRO Wilbur even stated that a fracture in s/c with no further residuals is at least 0%.  He further went on to review the Nexus letter noting that my Podiatrist stated all three contentions were in fact in-service, continuity continued.  DRO Wilbur told me 60 days to decided.  DAV rep was present.  I felt good......WELL, then I was denied last week.

Here is the evidence I submitted to the DRO for review.  I am just lost for words on this!

 

DBQ ankle conditions_Redacted.pdf

DBQ foot conditions_Redacted.pdf

medical opinion w-o exam_Redacted.pdf

Timeline for NOD hearing.pdf

Nexus letter-redacted .pdf

NOD - Denial Letter .pdf

NOD evidence notes.pdf

[lotzaspotz]

He did more than question Berta's knowledge.  He said that since she's not a veteran, she doesn't know what she's talking about.  OK RU, how many disabled veteran spouses does a wife have to lose before she has the right to say something here?  Who the hell do you think keeps things running when our vets are laid up or can't put one foot in front of the other for whatever reason?  Who took care of the kids, the schooling, holidays, homework, etc. while you guys were  deployed so you had something to come home to if you made it back home at all, something else that hung over our heads all the time?  Don't whine here about not knowing what you go through.  The fact that we spouses have had to almost become lawyers ourselves to protect our vets and our families is the reason we come here.  Just maybe, like Berta, we've picked up some valuable knowledge along the way that might help others.  That's what we do here.  We help others, we don't tear them down and demoralize them.  This BS about "you're not a veteran, you don't know what we go through...." is unacceptable.  And one more thing -- for God's sake, get a dictionary or learn how to speak in complete sentences.  I need an interpreter to make sense of most of your posts, and the ones I can understand, lately anyway, are void of any constructive or productive thought.  

 

Edited September 13, 2016 by lotzaspotz

[RUREADY]

LOTZASPOTZ,

its because you cant read you can whine all you want I still stand by what I

SAID AND THE SAME FOR YOU. tell what you know and not what you hear.

You know where the sun don't shine kiss that. I don't ask ou to read anything

I could care less what the hell you think about me if I tell you what I think about you

you wouldn't be around here complaining for you buddies. that why I have none

I KISS NOBODY ASS to get along with and you too. You don't know what the hell

I go through with I have wife and a family they don't deal with my VA business they

don't know. and what can they do anyway. tHEY DONT GO AROUND GIVING ADVICE

ON THINGS they don't know about and neither do I

I was through with this so if you got something else on your mind

PM me you can read that right???

 

Edited September 13, 2016 by RUREADY

[Buck52]

Maybe this topic should be closed? but is it fair to the original poster?

It's getting to be useless  for helping veterans with claims.

Other option would be you hit the ''Ignore Button'' on post of other members you disagree with and you won't see their post.

RU ,you been warned about your inappropriate post  from Jbasser/and Myself , I don't have the Authority to ban you  but if I did  YOU would already be gone.

If you have PTSD I realize we all have Bad days....when we do its better we stay off hadit.

Lets all try to get along with each other and keep the inappropriate stuff off hadit.

jmo

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

[Navy4life]

This has gotten so far off topic. Really sad because I had a lot to share with other Veterans. 

I'll  make another post when it's time to do so. 

RU you really need some anger management and you should stop with the paranoia. We are all here to help one another. Whether you agree or not if it isn't your thread don't instigate the situation. 

And I think you should be banned. Too many threads on here with you bashing people. 

 

PLEASE CLOSE THIS THREAD!!!!!

Edited September 13, 2016 by Navy4life

[lotzaspotz]

Yes, I think we're done here.  Sometimes enough is enough.  I've got RU set on "ignore," which I should have just done to begin with.  So easy -- hit the button and everything past, present and future just disappears as if it never happened and never will again...

Edited September 13, 2016 by lotzaspotz