DRO Hearing Scheduled - What To Do/Expect?

[MarkInTexas]

Ok folks,

In the midst of researching attorneys to replace my VSO, I got a call from the VSO who was working/not working on my claims.  He wanted to get a few more details to work up his Form 646.  After a week of speaking back and forth with him, he came to the conclusion that the VA had not reviewed several medical reports, including some of my active duty USAF medical records.  (If the VSO would have woke up years ago, and saw that, maybe I would not have had to scream from the mountain tops for the past few years.)  I know that it has been my fault all along though for keeping the VSO there.

Meanwhile, I get a call from the Houston VARO, who wants to discuss a couple of my FOIA requests for the curriculum vitae of the C&P nurse practitioner and family practice doctor (who from a Google search is actually a Family Practice guy who specializes in collagen and beauty cream treatments in Florida.)  They also wanted to discuss my FOIA request for the complete bloodwork lab results and x-ray reports from my last QTC C&P examination (with the collagen guy).

The thing they wanted to "discuss" is that they can't seem to obtain the curriculum vitae for either medical practitioner, one from Veterans Evaluation Services and the other the QTC Collagen King.  They also wanted to discuss that they can't seem to find the bloodwork lab results, nor the x-rays (and x-ray report), which were all done at the same QTC location near Fort Polk, Louisiana at the same time as the C&P, even though "some of the information" is actually described in the C&P report, which was half completed, with no "rationale" filled in, and excerpts of my time in the Army, although I have never served in the Army, and have always been USAF riff raff.

Meanwhile, my VSO guy calls back and says that he will send me my Form 646, and recommended a DRO hearing, and that I request one in writing, so I did.  I'm also still kicking myself for still riding this VSO wave, when I should have pulled the ripcord and hired an attorney early on as about 90% of you recommended (and I'm still looking into it).  I send one to Janesville in writing.  I wait.  I wait.  I wait.  Then I take a chance and call the Houston VARO back and request an update on everything.  They tell me they will call me back.  I wait.  I wait.  Then, they do call back and let me know they are still having trouble retrieving records, but that they received my request for a DRO hearing, and that they will forward the request on, warning me that it could be a year or more, and that they are still having hearings from requests from cases filed in 2008.  I tell them that I filed mine in 2010, but I'll keep riding the wave.

While this is happening, I get a letter from the VA stating that they have addressed one outstanding NOD regarding my dependents, siding with me.  So I go back to waiting on the DRO Hearing notice.

I wait.  I wait.  I wait.  Then I call back.  They say that the hearing request has been submitted, but cautioned that the wait time is still tremendous, and that if I wanted to, I could let them know that I would waive the hearing, and they would get me back on track for the BVA certification, which is still forever away also.  I thought it over for about 5 seconds, and said no, I think I'll stand by my DRO hearing request.  They seemed disappointed, and once again cautioned it could take months to years.  I said it's already been like six and a half, so let the dice keep rolling.  We parted ways with them saying that they would let "them" know that I still wanted a hearing, and that I could call back in a few months to check out the status of the request.  I said thanks, and they gave me the usual sigh and "Thank you for your service."  Such a tender moment.

Then three....yes, THREE days later, I get a letter from the VA stating that a VA DRO Hearing has been scheduled for June 6th.  I called the MIA VSO to ask him about the hearing, and to see what I needed.  He was surprised, pulled me up on the computer, and acknowledged that he saw it too, still surprised, and advised that I need to wear a tie and show up an hour early to visit with him.  I plan to be there, and will bring my medical records (hopefully orderly), and see what happens.

Any advice on what to do?  What not to do?

What a ride!

Mark

Edited May 7, 2017 by MarkInTexas

[Judy]

MarkInTexas, is your DRO hearing at the VARO Houston (June 6, 2017)?

Judy B

I have a BVA (on Appeal) hearing there on that date also. My second one. First one was remanded and now were back to BVA hearing.

[Judy]

Buck52, yes. I had a BVA teleconference at RO in 2016 (was remanded). 

When I finally got the transcript, it is terribly flawed.  I mean really bad. 

I'm up for a 2nd BVA teleconference and wonder if anybody knows whether it is allowed for the claimant to audio tape record the hearing?

Judy B 

Ooops, sorry, you said DRO but yes I did earlier. 

Edited May 27, 2017 by Judy
typo

[MarkInTexas]

On ‎5‎/‎27‎/‎2017 at 11:37 AM, Judy said:

MarkInTexas, is your DRO hearing at the VARO Houston (June 6, 2017)?

Judy B

I have a BVA (on Appeal) hearing there on that date also. My second one. First one was remanded and now were back to BVA hearing.

Judy,

Yep, I'm still scheduled for that morning.  I hope I have all my ducks in a row.  Be safe on your trip, and good luck in your BVA hearing!

Mark

 

[Judy]

Hi Mark,

I had a BVA hearing here in May 2016 and it was remanded. This one (yesterday June 6) was a second BVA on the same issue (CUE). They assigned a different Judge (I didn't expect that from all that I had been told). I have no idea how it went but I do know that there seemed to be some confusion. A Judge who had no prior knowledge of the facts in the case, postponed my hearing a half hour to go see if original Judge was "in the building" and could take over the hearing. No and no. So the hearing was held "as is" and she informed me that she would have to "dig way back and deep" into the case. I told her I had prepared a statement containing facts proving my position/claim and she told me she did not want to hear anything I said at the previous hearing as that was all in the record already. I then told her that I had received a CD containing the entire RBA and since it was 942 pages, I had spent a lot of time and work going through it only to find inconsistencies as well as errors. I could go on and on but she finally allowed me to enter my statement.... This is a 27+ year old claim and very convoluted at best. I have had Dr. Bash on board for 10 years now...I am once again in a waiting mode. 

I hope your hearing went well for you Mark.

Judy

[MarkInTexas]

Judy,

Hope you end up having a great end result from your hearing.  I believe I was in the room next door to you.  They walked me past the BVA hearing room and it had a paper sign up that said "BVA Hearing in Progress".  Looks like they remodeled some and moved everything around a little since the last time I was "inside".

Yep, I arrived extra early to meet my VSO prior to the meeting, and glad I did because it once again took forever to park and make it over to the VARO.  Looks like they are building covered parking over a lot of the lots, and everything is under construction.

I got inside the building, went through security and called in several times to the VSO with no answer.  Finally, somebody picked up and said that the officer handling my case was busy working with somebody else, but that they would handle it.  A few minutes later I got led to the back, and had a short meeting with the VSO who had NOT reviewed my case, and who printed out my Form 9 and a couple of other recent documents.  (Luckily I had binders with my evidence organized with me.)

A few minutes later, we walked down a hall past your BVA hearing room and into another small room with a desk, computer, recorder and a couple of chairs.

We met the DRO, who was friendly and asked what route I wanted to go, giving the expected disclaimer that a formal hearing would take up to 90 days to transcribe versus a much shorter turnaround on a decision.  I went with the informal route, and hope I don't regret it.

He asked me a couple of questions, and then we went down the line addressing each claimed condition, and he patiently let me read off each bit of evidence including the doctor, the nexus information, dates, etc, including opinions provided by the VA's C&P doctors, etc.

It took about an hour, and I was able to provide him copies of exhibits, which he looked over, but did not keep.  He advised that he had it all on his system, but did take notes when I provided something to him.

I wanted to make sure I read off each item of evidence because I saw his digital recorder working.  I figure that although they don't transcribe it officially, they probably go back to listen to refresh their memory while working up a decision.

He advised that he would look everything over well, and that although he saw several things affirmative to my case, he was also required to obtain a second DRO's signature to officially provide awards or ratings.

We did note that the VSO and the VA had left off a spine condition rating increase claim from the hearing list, but we ended up discussing it as well.  He did say that since it was part of a separate Form 9 appeal, and was not on the list originally there was no guarantee that it could be handled in full.  When I asked if I should put in a separate request for another DRO Hearing, he said he would do his best to handle the rating increase claim with everything else to save from having another hearing.

I did as advised on here, and did not go into things I felt the VA had done wrong in the past like previously denying some of my claims based upon a different veteran's records, nor did I discuss having to wait 7 years, and only focused on the evidence to produce for each claim.

I also asked the recommended question regarding what else he felt I needed to do to substantiate an award by the VA on my remaining claims, and he related that it looked like I had already done everything.

We visited a few more minutes, and then the VSO led me back down the hall to the front of the VARO.  He advised that he felt that everything went well, and that the DRO would possibly merge a couple of my claims due to their connection to a source condition, and would possibly grant some of the others in the "bargaining process".

This reminds me a little of the plea bargaining process in the criminal justice system, where one goes in high wanting jail time and the other goes in low wanting a dismissal on everything, and they end up agreeing to probation and a fine, and wrapping up a few other criminal cases in the deal.

Although my first DRO Hearing process was non-adversarial, only time will tell if it was productive.

As a side note, the VSO brought up the subject of me going through another C&P examination.  I ended up telling them both that I had already undergone three C&P's, with the most recent one being in August of last year, and that doing a fourth one was a waste of time, money and pain.  They seemed to agree,  but we'll see what happens next.

Thanks again for all of the advice, Folks.  I'm sure I'll be asking for thoughts and advice again soon.  Have a great week!

Mark

 

Edited June 8, 2017 by MarkInTexas

[MarkInTexas]

Just a quick update.  Got a notice from QTC that I'm on the batting roster for a hearing C&P for a "rating increase" examination for the VA for tinnitus and hearing loss in both ears. Weird because I'm already SC'd for tinnitus and hearing loss in my left ear.  I had my right ear on the appeal for SC (was hoping for at least 0% for that).  Hadn't asked for a rating increase for the tinnitus or hearing loss in the left ear.

None of the other conditions that are listed on my appeal are scheduled for another C&P, which is a blessing I'm thinking.

Have a good one!

Mark