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

[ahergott61]

Yes - agree on the advice to relax - and wait. 

DVA told me that a DRO would speed up the process when I filed my NOD but now have decided that, in my case, this only slowed the process. Should of when right to the appeal would be on the same timeline and in 5 to 8 years would have been finished.

I now expect a 4 to 8 year decision by the DRO then on the docket for an appeal hearing. Though VSO says its the same timeline, we will have to wait and see.

I think the bottom line up front, patience is a virtue and do not get excited for 8 years. 

Hope you are luckier than me - I expect to be dead before my decision is reached and have programed my wife and lawyer to continue to the appeal to closure.

[R3dneck]

A 0% rating on both ears would be an increase. ?

[MarkInTexas]

OK, so that's what they mean.  Was wondering.  Thanks!

Mark

 

[jfrei]

On 5/8/2017 at 10:23 PM, Buck52 said:

Anybody else ever have a DRO Hearing at your R.0. ? (Informal)

And did you recieve a transcript copy of the complete hearing?

I absolutely did and i raised quite a few hairs even got her to submit questions into the office of general counsel... she told me they said she had to deny since the retro was triple digits. VA will xxxx whenever they can please believe im no preacher. But I kept calling my DRO she certified appeal to the board in three weeks from the DRO hearing impairment and hardship flagged appeal hearing 5 months decided I actually still contact my DRO office whenever I have a delay at the RO and they tell me why....

[Gastone]

At an "Informal DRO Hearing" as with an "Informal DRO Evidence Conference," there is no "Swearing In" or Recording, ergo, no "Sworn Recorded Testimony" to transcribe or use at a BVA/CAVC Appeal. That, in and of itself is the "Landmine" of doing anything pertaining to your VA Appeal "Informal."

At my 06/2014 DRO Hearing, after the initial introductions, I asked about an "Official Informal DRO Evidence Conference" I had filed a request for in 01/2014. The DRO advised me we could have it "Right Now," if I chose to do so. He also stated, the "ODEC" would not be Sworn Testimony, no Recording so no Transcription would be available.

However, he did say that if at any time during the "Informal" discussion I decided I wanted to go "Back on the Record," he would stop the Hearing. At which point, he would Swear me in and we would proceed as an Official Hearing, Recorded and Transcribed. After which, a copy of the Transcription would be available after about 8 mos and notification of his Decision would arrive in about that same time frame.

I was aware from my earlier DRO M21 Procedure Manual research of the "ODEC" that he could make an immediate Award. After about 35 min, he Awarded all 2010 & 2012 (the 12 IU NOD was not scheduled for that day's Hearing) NOD issues. At 3:30 that same afternoon, I received an E-mail copy of the Official DRO Award Letter from my VSR. Retro hit my bank within 2 weeks, E-Ben was updated in about 2 weeks and the Official VA Award Letter arrived 2/3 mos later.

Semper Fi

 

[Buck52]

Gastone

There must be a difference when using a DRO. they must be a difference because the Veteran has a choice & how he wants the DRO hearing conducted.

The DRO Himself will usually let the Veteran know the difference when using a DRO at the beginning of the Hearing  With two types of DRO Hearings (not meaning a Formal va Informal)

A personal DRO hearing – In this scenerio, the veteran meets face to face with the DRO at the regional VA office for an informal hearing. The veteran is allowed to attend the hearing with representation. A DRO will only hold a personal hearing on a case at the veteran's request. (This is the type you and I had)

A full DRO review of the case – Here, the DRO reviews the veteran's file and any newly submitted evidence supporting existing claims. In this “second look” review, the DRO makes a decision without meeting with the veteran.

I believe  I had the same type of DRO Hearing you had (informal) 12  years earlier (2002) and my DRO mention to me  it will be informal & off the Record

However I did recieve a complete transcript of the Hearing with my Award letter. (word for word)

 Actually if you didn't receive a complete trans script  you could have CUE them on that  , if your DRO Hearing was not a success and you had to go on to the BVA for a decision  and you had no evidence of what was mention at your DRO Hearing  then you had no proof , This is the reason for a transcript.

So when the DRO Mention to you about Informal and its actions  he never completed his instructions to you, or maybe there was not a transcription person at your Hearing  and this would be Illegal .

I believe you when you say you never recieved a transcript  but I also believe  you was mis-informed by the DRO.

JMO