DRO Hearing

[Jimmer]

Hi Guys, I wan to thank you for all the help you have provided, it has been  great for me!  I have a question.  I will try to make this brief, as possible.  About three years ago, I felt the V.A. was "stonewalling" me on a couple of issues, my back and my lungs.  I call the V.A  line to MacDonald and Hinkley , and within a week, I was contacted by a RO from Phoenix, Az.  She was handling my case, and just need completed DBQ's and Nexus letters, and any recent tests pertaining to my back and lungs.  She said no C&P exam was necessary.  I provided her all the documentation, and she said this was want she needed to finalize everything.  I get a letter for a C& P exam.  I tried contacting the V.A. in Phoenix ,Az,  but no success.  I tried contacting the RO but I found out later she was transferred from Phoenix to San Diego.  I went to the C&P exam, because I know what happens when you don't go.  This is the doctor I think I told you, told me, "wow your in bad shape".  You back is really bad, and you have bad lungs.  The he said "I am probably going to deny you, because that's what I do.  But appeal, and you should win".  He denied, and I sent a NOD.  I had a DRO hearing March 2016.  I provided all the information.  But I neglected to provided the e-mails that I had, documenting from the RO that I did NOT need a C&P exam.  I didn't bring it up in the hearing, because I couldn't fine them. and I thought they might have it in their files. (I know stupid me).  I haven't received a decision yet.  Do I wait until, if I am denied and provide the e-mails, or should I send them now, before a decision is made?  I don't know what to do.  Thanks again,   Jimmer

[MarkInTexas]

I'm just amazed that your C&P doctor actually admitted that he was going to deny, because that's what he does!  We all know that they do this, but haven't heard of one admitting it yet!

Wow!  Too bad you didn't have a recorder on during this exam.

Good luck!

Mark

 

[Wayne TX]

16 months since your Hearing and no decision yet?  That's crazy.  I would be right back on that VA Phone Line again.  It ceases to amaze me how so much BS goes on to buy VA more time and hope the Veteran either gives up  trying or dies before anything actually has to get done.  Hang in there, brother and make phone calls.....write letters.  

[Jimmer]

Mark, The V.A. doctor was right "upfront" about denying, and then said I should appeal, because I have a really good case.  He said that he denies "everyone", that is why he is so popular with the V.A.  Wayne, I did talk to my rep, and she said I should have a decision in 30 days.  I also seen some activity on e-benefits, but I try not to base much on what is going on there. 

[Berta]

He should be reported to the VA via the White House complaint hot line:

1-855-948-2311

I wonder how many vets are stuck in the backlog because this incompetent idiot denies claims, just to be "popular." 

I would be raising a Major ruckus if I were you.

Who is he? And what VARO or was he a farmed out C & P doc?

There might even be vets here at hadit with valid claims that he denied on purpose.

 

[Jimmer]

Berta, you are absolutely right!   The doctor is a 89 year old G.P., employed on a contract basis, I do have his name, and believe me I am going to report him   He never did the exam necessary for diaphragmatic paralysis of the lungs (left) which is a Spirometry exam and test, and said my back is in "really bad shape".   He just sat at the computer and said "You're in worst shape then I am", , and said he didn't "see all the I's dotted and t"s crossed precisely".  Believe me Berta, I was getting upset with this, but didn't say anything to him.  It really bothered me, because the RO said NO C&P exam was necessary, and I have the documentation via e-mails that support that.  This was at the Phoenix, Arizona facility.

[Berta]

Phoenix??? One of the worst VA's in the country.

https://www.usatoday.com/story/news/nation-now/2017/05/10/ex-phoenix-va-directors-firing-overturned-federal-appeals-court/315436001/

This happened recently but the Accountability Act, will, I am sure boot her out the door.

The Phoenix VA, as all might recall, caused the deaths of at least 35 -40 veterans due to the wait time manipulations.

This newer article shows that figure might be higher.

http://www.foxnews.com/us/2017/02/09/vets-continue-to-die-phoenix-hospital-at-center-va-scandal-ranked-among-nations-worst.html