jfrei

Getting nervous and anxious but ever time it's near they call to reschedule. I understand the reasoning just sucks because the first was they failed to contact my lawyer before scheduling on a date he couldn't do. This time the pope. I know I need new and material evidence just want to know what happens next after it reopens?

Is there anywhere that states this or is it just assumed that they cannot, and in my case they have?

Typo on hearing it been rescheduled to 9/24/2015

And they scheduled my hearing without asking my attorney if he was able to make it frusterating but luckily I contacted the RO and my Attorney and worked on a date the following month in September

they still wait the 60 days for a decision even if you sent it in with the NOD very annoying when they tell you on peggy that they are waiting on the decision don't even bother saying but I sent in with the NOD it gets you no where but mad

Well my hearing is based on a CUE claim that's states they were not allowed to reverse my service departments formal LOD in 2011 after it was stated that my TBI was caused by my car defect then the evidence I have is the GM ignition switch recall where it was deemed the cause of my in service accident leaving me in a coma for a month and General Motors compensated me almost 9 years later even though shielded by their bankruptcy.

Does anybody know how or what evidence the DRO looks at that outweighs another piece of evidence in Determining SC for an injury at the Regional Office hearing? I am sure my attorney has everything he said its straight forward cut and dry. But like always I'm paranoid its 21 days from now.

Explanation so here it is in a nutshell filed NOD for claim 12/22 and then 7 days later attorney filed a letter for reconsideration based on new evidence 12/29. Well reconsideration is now complete decision in the mail yesterday with the DRO hearing still scheduled 8/20/20.

So I had a new claim , for CUE TBI for a review and reconsideration. Decided today unsure of outcome thinking it will be a denial of some sort just waiting for the reasoning this was filed on dec. 29 2014. The week prior I filed for a dro review with a hearing that's scheduled for August 20. So either my attorney did this on purpose to see what the DRO will see and get ready for the hearing. I know the reconsideration was done by just an VA employee but it gives him a clue of what might be to come and get prepared. I didn't think this could be done and to get the decision for the reconsider 2 weeks before the hearing is I thought unheard of but it happened and the decision is in the mail

So I guess the new claim that was opened as CUE TBI was the response to the new material evidence Dec. 29, 2014 and is the decision is getting ready to be mailed. I know the DRO has allot of say what happens so I am wondering does he or she have the power to reopen the claim hold off for making a decision, and then at the hearing make a decision on the claim itself? I've never heard of anything like this but at the same time I have never seen a car recall involved appeal decision either. My hearing is in August and the decision to the new evidence is on its way. So nervous of the unknowing.

So I think I figured it out New claim is the new evidence to reopen the claim its now in the preparing to mail to me.My Dro appeal is scheduled for the 20 of August. All this is 8 days alittle overwhelming but movement so not complaining. I was told on the phone the reopen claim wasn't decided and the DRO left a note in the system saying he or she's waiting for the hearing. My heads going in circles trying to sort this out but I guess all will be decided at the hearing just don't know why they even put it as a new claim.

Not for the head injury but they said my forgetfulness might be something else and gave me something for ADD my dreams they gave me something else but diagnosed me with depressive disorder with anxiety distress. Which was said not service connected basically because of their LOD, the stress in Afghanistan apparently wasn't enough. Am I allowed to say my lawyers name

Right on Pete I think what happened is the new evidence my attorney submitted in dec 29 ebenefits shows it as a new claim just awaiting my SSOC so I think and then August 20 at 9am is my dro hearing.

Wow that might be It we sent the cars recall in on Dec 29 for them to review weird it just showed up yesterday submitted in Dec, was just called this late my Hearing is scheduled for August 20 at 9AM

The airbag not deploying left me in a coma for about a month. But never recovered 100% as my coworkers would tell you not to mention I was then deployed to Afghanistan about 2 years after my accident having had the marines LOD said it was the car defect as well in a formal seating down in DC in 2007.

The GM ignition switch there have been to this date 390 other people counting me that GM said was the ignition switch that cause the accident 124 are dead 14 are still in a vegetative stat

So I have no idea whats going on with my DRO review elected hearing. Yesterday I received a call stating my DRO hearing is awaiting scheduling could take 30 days. I was happy Dro review was moving then I look on ebenefits and it says a new claim CUE TBI was opened on 12/29/2014 not me or my attorney did such a thing but it says its preparation of a decision. So this new CUE claim is pretty much the reason why I elected a DRO review which the lady on the phone said she has never seen both things going at the same time. but how can their be a decision without the hearing on the claim if there hasn't been a hearing with the dro review. Oh jesus Ive gone crossed eyed typing this!! BERTA help ???!!!

But it was before their bankruptcy so really they are shielded by the court.

It is found in my record but they reversed what my service department found already and said the proximate cause of my head injury was the airbag not deploying defect in the car then in 2008 GM settled saying they had no idea why then GM settled again in 2015 because of the recall and fraud on my first settlement.

And the new evidence was the GM Ignition switch reacll where the in turn they admitted was at fault in my accident and settled my case for 500,000 even though it was before their bankruptcy. So its says Berta in my claim to reopen my claim is the DRO allowed to grant my claim or just reopen to start off the appeal with the BVA. This is what the lady said to me on ebenefits but I know how reliable they are. Yes, the DRO has the authority to overturn previous decision that was made on your claim. The DRO has the authority to grant benefits if warranted based upon the evidence received.

You have to click on the image for it to enlarge Berta. Sorry

I believe you can put in the request with the NOD I have yet to get a SOC and my hearing is being Scheduled in the next 30 days or so.

Its a face to face at my Regional Office with my attorney. Its on to issues he said one being the CUE issue and secondly if the recall of my vehicle IE GM ignition switch recall with the settlements as enough to reopen my claim as new and material evidence. I can't remember if he can only say yes to reopen the claim and so the appeal starts or if the DRO can grant the new evidence and make a decision on the spot.

Curious as to what its like at a hearing and the do's and don't? I think knowing its closer and its killing my anxiety wifes no fan of who I become,me with the obsessing over the Hearing the constant feeling that its going to end badly.

Just received my call from the RO that I need to contact my attorney so in 30 Days to schedule a date and time for a hearing. Why does this make my anxiety level shoot up, I've been waiting for this day its here now drives me insane thinking about what the DRO will ask me? If he is truly trying to help me or if I am just a number off the Monday morning report now for their stats. Does anyone like Berta have any advice of what not to do or say?