bluevet

Vync gave a very good and appropriate response to my question. In his response, he also acknowledged that requesting a DRO hearing can cause delay. John999, without knowing anything about my claim or the evidence in my file, it seems irresponsible to advise me or any other veteran to actively pursue being place under oath to be examined. You are welcome to your opinion, but quite frankly, it's unsolicited. I started this thread to see if anyone had some insight into why a VSR would have requested another C&P. I have done plenty of research and I have worked my case on my own to this point. I fully expected, that once my case was assigned to a Decision Review Officer, that a new C&P would be ordered, hence, my question. Please don't hijack my thread, I'm just looking for some insight to help gauge where my claim is in the process.

With all do respect, I don't see why a DRO hearing would be beneficial. I'm not really sure how we got on the topic of hearing vs. no hearing, but I see this advice given too often. In my case, my evidence is strong. I have an IMO that unquestionably knocks down my first C&P. Also, I am extremely confident about the results of the new C&P, as the examiner was very clear about the findings he intended to submit, although, to be absolutely sure, I am going to the RO tomorrow to get a copy. In my case, as with many other vets, a hearing request would likely only serve to further delay my DRO appeal and open me up to verbally damaging my claim on the record. It's very easy to say something wrong under that kind of pressure. Unless the DRO feels the need to request a hearing, there is no benefit that I can see to putting myself in the hot seat.

I filed a NOD with a request for DRO review a little over a year ago. 2 week ago I received notification of another C&P exam, which I attended and have confirmed that the results are with the VA. I have never spoken with a DRO and have not been made aware of a DRO having been assigned to this point. I was told, by the 1800 number, that a VSR had ordered the new C&P. I'm just confused about the process my appeal is taking. Is this a normal function of a VSR? At this point, all evidence (IMO's, C&Ps) are in and my appeal should be ready for a decision, but none of this has followed the process that I was expecting. Anyone with experience have any thoughts?

That's interesting because I just noticed the other day that my in service hospitalization record ( The very event that ties my condition to service), is not listed on my first C&P and there is no mention of it by the examiner.) I have an I.M.O./Nexus statement in the file now. I am filing a statement in support of claim tomorrow, pointing out the missing record on the first C&P exam and stating that because of this error, the first exam (which failed to find a nexus), should be given no weight in deciding service connection. This will leave the new C&P and my I.M.O./Nexus letter as the two main opinions upon which to base a decision. I will ask the new C&P examiner if he received the records of my in service hospitalization and this time I plan on making it clear to him that this is the event upon which my claim of service connection is based. Either way, if I can totally knock down the first exam and make it unusable, even if the new C&P denies connection, with my I.M.O., I should be in a "tie goes to the runner" situation. Fingers crossed.

Thanks everyone for the replies. I was just having a really bad day. I am scheduled for a new C&P nest week. Hopefully, I'll have a success story soon.

On the phone with the VA 1-800 number, the rep told me that the average processing time for a DRO review at the Los Angeles office is 633 days.

I am considering just giving up. I have spent the last 2 1/2 years hoping that the VA was going to come through and help me. Clearly, they are not and I don't think I have what it takes to keep fighting them. This is just the last straw. It's not worth it, I think. It's better that I just accept it. I'm almost 50 years old and I've spent 95% of the past 5 years in a 12x10 room in my parents house. I became hopeful that I was going to get help out of this, but now, I just don't think it's possible. Thanks for all the help on this forum, but when they decide they're not going to help you, there's nothing you can do.

My original claim was denied after the C&P examiner failed to find a nexus between my 30 day in-service (mental health) hospitalization and my current diagnosis of bipolar disorder. I am currently rated 70% non-service connected (per e-bennies). I filed a NOD and DRO request, then got an IMO/nexus statement from an expert Psychologist. Today, I found out from calling the VA, that I am being scheduled for another exam. I can't help but feel that they are seeking to negate my IMO, by getting another incompetent QTC examiner to deny a nexus. Are they just going to play ping pong until I give up?

I would agree with this. In fact, you do not need to wait for a decision to get a private medical opinion to counter a negative C&P exam. There is no need to wait for a denial and then get thrown into the long appeals process, although, if you filed a Fully Developed Claim, you probably won't have enough time to get this done before a decision is made. I made that mistake myself and it's cost me 2 years. If I hadn't filed an FDC, I would have had time to get my copy of the C&P exam and submit my I.M.O. from my private doctor and could have possibly avoided a denial all together.

I don't see any problem with Fat's question. If he gets many responses over time, it may give us an overall picture of how each R.O. is performing with appeals. This information is not available anywhere. The weekly performance reports only include aggregate data for appeals, not broken down by R.O.s.

You can file for TDIU with your claim for increased compensation. In fact, although the general rule is that you need at least a 60% rating on a single disability, or a total combined 70%, this is not written in stone. Here's what the VA has to say about TDIU when a veteran does not meet this criteria. "Under exceptional circumstances this benefit may be granted with a lower disability rating than noted above provided the evidence shows the service-connected disability or disabilities present such an exceptional or unusual disability picture, due to such factors as marked interference with employment or frequent periods of hospitalization, that applying the normal disability requirements is impractical." There is no need to wait to file for TDIU. I would file for both at the same time. Here's a link to this information on the VA website: http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp

Los Angeles R.O. - NOD filed 12 months ago, along with election of DRO process. This is a single contention claim, with a single additional piece of evidence submitted (An IMO/Nexus Statement). Currently rated 70%-not service connected. Claims simply don't get any easier than mine in terms of review. I simply need the DRO to open it. Waiting is so stressful!!!

Congrats Jumpmaster! So glad to hear that you will now be able to live a life with security and peace of mind. I'm sure you deserve it!

Congrats! Can you give a little background on your claim? I think details in success stories can really help other vets.Did you win it on the original claim or during the appeals process? What R.O. processed your claim? How long did it take? What do you think was the key to winning? Etc...

Both ratings and TDIU are only given P&T status when it is clear that the veterans disabilities are not likely to improve. When deciding on this question, the VA uses any evidence in the medical records, but they also consider things such as the veteran's age, education, etc. Unless they find reason to believe that it is unlikely that the veteran's condition will improve, they tend to withhold P&T. This means that the veteran will be re-examined at some point in the future to see if he/she still qualifies for their current rating or for TDIU. Until they decide his condition is static, he will be subject to losing TDIU or having his rating decreased at some point in the future.

It's interesting that I keep hearing of vets being sent for additional C&P exams during the DRO process. Assuming that C&Ps were done before an initial decision, why are vets sent again by the DRO? I have a single issue claim for bipolar disorder. My disability was given a rating of 70% by the original person who decided my claim, however, it was considered not service connected, because the C&P examiner failed to find a nexus between my currently diagnosed bipolar disorder and my 30 day psychiatric hospitalization while in-service. In fact, he failed to even address that in service event. I filed a NOD and had a private IMO done. The IMO Psychologist did a great job of demonstrating a nexus and even states that my in service hospitalization was my initial onset of bipolar disorder. As I hear so many people say they are being sent for additional C&P exams, I am concerned that they do this in order to obtain a second contracted C&P, denying a nexus, to avoid having to decide the claim in my favor under the "benefit of the doubt" doctrine. Are they just playing ping pong here?

Why would you just be getting a C&P appointment if your already in the Appeal process?

The DRO Review Process letter is the standard letter the VA sends out once they have received a veterans election of the DRO process for his/her appeal. It states "This letter explains what happens next", then it "strongly suggest you send us any evidence you have within the next 30 days"

The following link is to an illustrative report outlining the VA appeals process changes that we have been seeing over the past couple of years. From what I can tell, it was written in 2014 some time. I looked around on the forums and didn't see it. If it's already available on the site somewhere, I apologize, but it's such a valuable resource for helping to understand how the entire appeals process works (complete with diagrams), that I wanted to make sure it's available. Feel free to delete it if it's already here somewhere. Thanks http://www.seankendalllaw.net/library/SVAC_Appeals_Report_140226.pdf

I've been searching for any information on the time it is currently taking for a DRO review in the Los Angeles regional office. If anyone has had a DRO review completed lately in the L.A. office, can you please let me know how long it took from the time you requested DRO review. My problem is that I requested DRO review with my NOD, however this wasn't recognized until I reached someone at the R.O. 10 months later. They then acknowledged my election of the DRO process and sent me the DRO process letter. I am stuck wondering if this is going to cause me a 10 month further delay. Thanks

It's unlikely that submitting again would get you a faster response. I was told by a VA rep today that the target goal for a response to an inquiry is 12 days, but then he said "veteran to veteran, it's typically taking 30 days or more." It's also unlikely that you are going to get an answer to your question, since that would require your inquiry go to the same person who issued your rating, which probably will never happen. Unfortunately, a correction will probably require a DRO review. This is just my opinion, please let us know if you manage to have it corrected without filing an appeal.

Whenever I send evidence to the VA, I make a follow up call to confirm they have received it. It has always taken several weeks for evidence to make it into my file. A few weeks ago, I sent in a IMO/Nexus Statement and a "Statement in Support of Claim" to the new Intake Center. I faxed it in and sent it registered mail, both. I called them 8 days later and both items were in my C-File. I cannot tell you which one made it in the file first, (the faxed or mailed copies), but I can tell you that the intake center appears to have improved the time it takes to get evidence and correspondence into your digital C-File. When you fax something, make sure you put you Claim/Social Security number on every page and always send it registered mail as well, for proof of submission.

I have corresponded with Dr. Bash as well as his assistant Alice Burns. I ended up not using Dr. Bash, because my disability is for mental health only (bipolar), which isn't his specialty, but I can tell you that it would be normal procedure for him to ask for a deposit in order to put you on his calendar. I don't believe Dr. Bash operates a regular practice, (I could be wrong), but I think he mostly works with disability claims out of offices in MD and CA and from all of the research I've done, he is very good. I have an email address and phone number for Alice, if you would like them, you can send me a private message and you can contact her to confirm that the person you have been talking to was Dr. Bash. Hope this helps

Thaks Meghp, I wasn't aware that the VA isn't using gaf scores any longer. When did they stop using them. It's strange because the gaf score is part of the DBQ used by the C&P examiner. My denial was in August, so I still have plenty of time to submit a NOD

No severance pay, No SSDI