usvet

USVET: I had great success with the DRO Hearing process, 06/27/14 awarded IU and SMCK. I opted for DRO Informal Hearing, non recorded and transcribed. The DRO told me it could take up to a year or more to get the transcription of the formal hearing. In my informal hearing, the DRO and I sat and discussed my "New Evidence" like a couple guys over coffee. He informed me, had I gone with the "Formal Hearing," he would have just stated the VA Reasons for initial denial and then it would have been all me, presenting my "New Evidence." there would have been no back and forth questions and answer. He also said that my choice of informal made it possible for him to address both my 2010 and 2012 NOD.s. When we were done talking (aprox 40min), I knew exactly what his decision on both claims was. My hearing was scheduled for 8am, we conclude at 8:45 and my VSO called me at 3:30 to advise me he had a copy of the DRO Award on his desk. I recieved the Official VA Award Letter aprox 07/18 and 08/01 comp check was at 100% rate.

Get your NOD requesting a Personal hearing in ASAP, send Certified Return Receipt or better yet hand deliver to RO if possible. They will date stamp and make a copy of your NOD for you. Then get busy on your Evidence. Get a copy of your C&P exam from your VA Hospital Medical records and file FOIA request for a complete copy of your C-File.

Semper Fi

Gastone

Thanks fellow us vet!!! I used to have the memory of an Elephant, as my Mother would say. Since last year, my memory is about as worthless as having a Pet Camel!

usvet,

I want to apologize first, that I just changed my Display Name on here due to someone hacking into my personal life. I did not know or remember that you were usvet. I changed my name on here from Navy04 to US VET. I hope that this does not offend you bud, and no I did not inform the VA that I wear the same pants. I guess the VA is not smart enough to realize that any form of friction can damage clothes let alone those braces. Like I said in other posts, I am trying to get thru my current FDC which should be completed by the end of the year, I hope, and then go for Permanent from there.

You're welcome! Good luck, we all going to need it as the prosthetic department will try anything not to pay us. The one thing we got going for us is that if they have been paying us for these devices they can't change up now!

Send everything you got

All that is require of the initial NOD, file telling them that you disagree with their decision dated --/--/----.. You will recieve a letter confirming reciept of your NOD. The letter will ask you how you wish to proceed, Local with DRO or to VA Court, I think they give you 60 days to reply.

The above is the minimum you have to do. I put everything in my 1st 2010 and 2nd 2012 NOD Filings. On the original filings, I specifically stated what I agreed with and what and why I disagreed on other issues. I also stated on all correspondence regarding the NODs that I was requesting a "DRO Review with a Person Hearing." I would advise you handle this yourself, the personal hearing request is of vital importance to your ultimate success. Remember, You must supply "New Evidence" that wasn't available for the Denial Decision. VA DBQ's are great evidence. Expect about a 2yr+, wait for your hearing. Semper Fi
Gastone

Have you filed a NOD yet? I recently had the pleasure of attending my 1st and only NOD DRO Review Hearing, 6/27/14. Been waiting since 2010. Had a 2nd NOD Hearing for IU pending since 09/2012. Letter from VA didn't say which hearing I was having. I went prepaired to address both NODs. I had also filed a formal request for an "Informal Conference," in an attempt to find out what was going on with my appeals, other than the "Appeal Pending No Date Available" status on my E-Ben claims sight.

At the Hearing, I asked the DRO about my request for the informal conference. He said my 2010 NOD Formal Hearing, recorded and transcribed was scheduled for that day, but if I wanted an informal hearing, no problem. He said if anytime I wanted to go on the record, he would start recording and I could start my recorder also. Then I could wait for his decision and about 1 1/2yrs for the transcription of the hearing. After agreeing on the Informal hearing, he advised me we could take care of both my appeals on that day. My understanding is that at a "Formal Hearing," the DRO makes an opening statement, then it's up to you to present your "NEW Evidence" that wasn't available to be considered at the time of your Denial. Even if you mailed it to the VA, be sure to take all of it to your hearing.
During the ensuing discussion, the DRO said how important the VA DR DBQ's were. Good lay evidence helped, but it was the Dr's DBQ statements indicating "More Likely Than Not," that sealed the deal.

Good Luck
Semper Fi
Gastone

State why you disagree and send all information needed to substantiate the claim. I wish you good luck.

State the specifics, quote the VA's reason for denial and add evidence. Make sure to put your VA ID (SSAN) at the top of each document. I do this regardless of whether the SSAN is located somewhere else in the document.

What I said in my NOD was that no company can guarantee that their devices won't cause damage to your clothing and that we all know that when you have two fabrics rubbing together over time it will cause wear and tear faster than if you are not wearing a device especially if it's hard and bulky no matter what it's covered with. If you look at your devices the material that are covering it shows wear over time, if not then we wouldn't have to change them out every six months to a year.
Even when there is a hard plastic and your clothing is rubbing on it the material will began to thin. It's the same principle of people who wear out their pants between the legs when the material are rubbing together. In a nut she'll they have to offer proof to justify what they are saying.

I say appeal, appeal appeal! If you let them get away with this before you know it they began doing other things to your rightfully earned benefits.

I would appeal if I were you. I would also contact the maker of the device as I did and tell them you are looking at getting the device you have but wanted to know if it will not cause tearing of your clothing. I did that with a device they gave that was OTS and said these does not cause wear and tear on the clothing but upon contacting the company through email they could not substantiate what the prosthetics department was saying. Whenever you have two objects rubbing together the friction will cause wear especially if it's a bulging device.

I was denied a few months back. I too wear the Braces for both Knees and Back. The VA's New Policy states that the Metal has to be exposed on the braces. I guess up until now those braces were previously generically approved. Sorry for the bad news bud, but you are wasting your time. I sent in Pics of my pants that were worn and ripped as I wear the same pants all the time to the VA, and clothing allowance was still denied. I have too much on my plate, then to fight the dang VA over the allowance. Good luck bud, and keep us posted.

Well, I did the smart thing to get ready for this appeal. I contacted the manufacturer and a distributor of the brace I was issued asking if they can guarantee that their brace will not cause wear on my clothing. Both have stated that they can guarantee the devices but can not guarantee that it will not cause wearing to my clothes. According to the VA, the braces they are issuing are not suppose to cause clothing wear. So, I will contend that the brace they issue did and will cause wear and that the manufacturer does not guarantee against wear and tear.