Navy4life

Hi Everyone, I wanted to give you an update on my DRO hearing today 3/21/2016.   I took place at noon in Phoenix, AZ/. and it lasted about 40 minutes.  I went the informal route.  I made a two sets of the info needed (nexus letters, DBQ's, etc.) and numbered each item.  I had a recap page the stated what the item was an the corresponding number.  The DRO person told me, "I have been doing this for several years, and I have not such  a complete files like yours.  It makes my job much easier".  There were several issues involved, including   diaphragmatic paralysis, lower back,  dizziness/vertigo.  A couple of times when going over the information, the DRO person remarked, "I don't know why this is a issue, the file and supporting documentation, support the veteran's claim".   I felt good in the hearing, as the DRO seemed very knowledgeable, concerned, and took notes.  My VSO, had dealt with him before, and she said, he is one of the better ones, that I couldn't have received a better DRO person.  He told me at the end of the hearing that my information/documentation had supported my position, entirely.  So I will see what happens.   I owe a  wealth of gratitude for all of you help, preparing for this hearing.   Buck52, Asknod, Gastone, Navy4life, flores97, your input was spot on.  My VSO said I had done the best job preparing for the hearing of anyone she had ever seen.  The credit lies with all of you.  I couldn't have done it without your help.  If I missed naming  anyone, my apologies.  You have the wisdom and knowledge how to navigate thru the system.   Thank you once again.

I got my C-file TWO days before my DRO review hearing!  Talk about having to sift through thousands of documents but I was glad I did b/c I found the so called "medical opinion" along with other documents I needed.
I wound up emailing my local congressman and he got a FOIA request in for me to the VA and that is how I got mine after 3 failed attempts on my own.
Good luck sir!

Did you ask for a DRO review hearing in your NOD?  If not, then they can review the NOD without ever talking to you.
I had my DRO review hearing last month and I was told at least 60 days before a decision but I have heard it go longer and shorter.  There is no way to pin point a time frame on a decision.  Each claim is different.

Hope all Goes Well Today Bud!!! Good Luck

A few questions, first.
1.  Did you keep VA up to date on your current address?  If you moved and did not tell VA, the can/do send notice of a C and P exam to your last known address.  It is your responsibility to notifiy them when you move.  
2.  VA consistently denies when a Veteran misses a C and P exam.  Sometimes, you can call them and let them know you were not notified and to reschedule.  Try that first.  HOney is better than vinegar, you can always pull out the sour stuff later.  
3.  If you can not get the exams rescheduled, despite your efforts, then you need to appeal beginning with a timely filed NOD.  You can argue:
a) that you disagree with the decision as you were not notified even tho VA had your address (if thats the case) of the C and P exam.  
b) that you have provided "new and material evidence" to reopen the claim with Dr. Bash's IMO's, so an exam may well be unnecessary, but it it is, volunteer to attend a new exam.  

Gastone;
Interesting....I just read the attached document from the VA pertaining to NOD.  Go to 5-B-18 regarding the NOD (Process).  There it states in the "example letter" from the DRO Process Explanation Letter >>>Complete review - "you may be asked to participate in an informal conference by the DRO by the DRO to clarify questions about your disagreement" then look at the NOTE: You are still entitled to a formal hearing to present evidence or testimony at any time during this process.
I know that when I went into my NOD review hearing last month and sat down the DRO started to pull out this "pink" piece of paper.  My DAV rep informed the DRO that we were going "informal" and the DRO didn't bother to fill out the paper.  
There are a lot of "unknowns" that Vet's don't know.  One of the biggest "forgotten" item is the fact that when you file out the NOD you have to specifically request in the NOD that you request a DRO review hearing.  This is often missed by Vet's and some Vet's never get the option for the DRO review hearing.  Their NOD is reviewed without ever getting to speak on their behalf.
Your friend's DRO hearing, which he had an attorney, sounds like he did not have good representation.  I am assuming it went formal?  The formal route is much longer than the informal route.
Again, unless you ask for the informal it is not a given from my understanding....
ch05_secb.doc

When you fill out the NOD you simply state "I request that a DRO hearing be held on my behalf to review the decision on my (list the contentions that are in your NOD)
There is no informal or informal RO hearing.  You will be asked at the DRO hearing if you want an informal hearing or a formal hearing.  That will be totally up to you.
Read my link I posted above about the steps for a DRO.
As far as your 90% are you 85% rounded up or 95% rounded down?  It takes about 50-60% to get you to 100% from what I have read here from other Vet's.
What is your NOD based on?  What are you appealing?  Do you have enough to warrant the decision be overturned?

Okay, I will fill out the VA 21-4138 with the photos and letter to support my NOD.  Do I send it to the RO's office?  I am still at the RO level regarding my NOD.  I did request a DRO at the time I filed my NOD back in November 2014.
I have already filed an FDC, as of last week, that has all the documentation to include the letter from my doctor but not the pictures.
The pictures are a great idea of evidence to add!  thank you!

I hope it doesn't back fire on you.  I went in for an increase and the C&P exam I had was NOT favorable for an increase but rather a decrease.  I am still waiting for the recommendation to come to reduce me and when it does I will fight to keep my 30% because I am in therapy weekly and I continue to take my medication.  The C&P exam was full of crap.  
I wish now I had not requested an increase but those are the risks you get when you request an increase.
I hope yours goes favorable!  C&P should be warranted for your increase. You will be notified.
BTW what are you currently rated for PTSD? 50%??

Buck;
Yes it has changed since your DRO hearing 14 years ago.  At least that is what I am gathering based on my two posts above.....

This the article I read prior to my NOD review hearing...
http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
Again, read the paragraph where it states the VETERAN must request an informal hearing via telephone, FAX, or in writing (i.e. the NOD).

Gastone;
Interesting....I just read the attached document from the VA pertaining to NOD.  Go to 5-B-18 regarding the NOD (Process).  There it states in the "example letter" from the DRO Process Explanation Letter >>>Complete review - "you may be asked to participate in an informal conference by the DRO by the DRO to clarify questions about your disagreement" then look at the NOTE: You are still entitled to a formal hearing to present evidence or testimony at any time during this process.
I know that when I went into my NOD review hearing last month and sat down the DRO started to pull out this "pink" piece of paper.  My DAV rep informed the DRO that we were going "informal" and the DRO didn't bother to fill out the paper.  
There are a lot of "unknowns" that Vet's don't know.  One of the biggest "forgotten" item is the fact that when you file out the NOD you have to specifically request in the NOD that you request a DRO review hearing.  This is often missed by Vet's and some Vet's never get the option for the DRO review hearing.  Their NOD is reviewed without ever getting to speak on their behalf.
Your friend's DRO hearing, which he had an attorney, sounds like he did not have good representation.  I am assuming it went formal?  The formal route is much longer than the informal route.
Again, unless you ask for the informal it is not a given from my understanding....
ch05_secb.doc

This the article I read prior to my NOD review hearing...
http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
Again, read the paragraph where it states the VETERAN must request an informal hearing via telephone, FAX, or in writing (i.e. the NOD).

Yeah, I did a class on it last week in Vegas. Let me find it and I'll send it over. You can't publish it but I can let you look at it.. It's copyrighted.

I hope it doesn't back fire on you.  I went in for an increase and the C&P exam I had was NOT favorable for an increase but rather a decrease.  I am still waiting for the recommendation to come to reduce me and when it does I will fight to keep my 30% because I am in therapy weekly and I continue to take my medication.  The C&P exam was full of crap.  
I wish now I had not requested an increase but those are the risks you get when you request an increase.
I hope yours goes favorable!  C&P should be warranted for your increase. You will be notified.
BTW what are you currently rated for PTSD? 50%??

Eating disorder though its its own rating the criteria to even get 10% is hard!  I suffered for decades and still do yet all I am is 0% because of the stupid rating criteria of 2 weeks of incapacitating episodes. Ugh!!!

Navy4life, you are absolutely right, I just don't see how VA could say incapacitating has to be prescribed bed rest. Heck, I had a relative with stage 4 terminal cancer and they still advised her to move around as much as she could. They do not like prescribing bedrest now, but then again, i could absolutely see why VA states bedrest is required for episodes to be considered incapacitating, its so hard to get prescribed bedrest it makes it extremely difficult to be awarded sc.

Flores
i think that's the difference and confusion. Exacerbating and incapacitating are two different animals. 

Buck
I believe you indicated your DRO WAS 14 years ago?  The informal hearing I had a few weeks ago didn't have anything of the  sort. There were microphones in the room when I walked in but since I chose informal nothing was recorded or transcribed. I don't expect to receive anything like that especially since a "transcript" would only be produced if there was a recording.  That is a legal formality.
I so agree with you and others that the informal was right for me. At least I hope so lol

Buck, if they sent you a transcript, it was recorded. I had one in 1991 and I found the transcript in the c-file in 2009. That was the first indication it had been recorded. I don't have a clue where the microphone was either. I do not recall even being given a choice of on or off the record back then.

On this informal and formal hearing I agree with asknod, before my Hearing the DRO Introduced himself and laid out the rules of the hearing before the hearing started..and he did mention the informal hearing and the formal hearing the difference between the two.
I had ask for increase in my Severe Hearing  loss at my present 50%SC at the request of my Voc-Rehab Counselor 
my claim was somewhat complicated  when a VA Dr (ENT)opine his statement and delved all the way back to my records when I ETS about some exams I had .
 His impression  He wrote was that being I had these exams at my military ETS and was fit then   then   25 years later I'm still fit  in his opinion this veteran should not ever been VA =SC with the disability's that he so claims..that triggered a PROPOSAL TO REDUCE and the fight was on.
I sent in NOD and was granted a DRO Hearing at my R.O.
I went and got a IME/IMO from a specialist Using  the VA Criteria for hearing loss the whole 9 yards and his opinion...and Notarized  Statements from Family & Friends..and also a Rehab letter from my Voc-Rehab Counselor stating'' it is not feasible to retrain this veteran,at this time due to his SC Disability's''  the DRO used all of this as probative evidence  and over rule that VA Dr. & Declared the VA Audiologist did an Inadequate Hearing test THAT WAS USED FOR RATING PURPOSE BY NOT ADDING THE TEST RESULTS & DRO  used my private testing by the private specialist.
I preferred the informal hearing, but still was sent a type written transcript of the Hearing with my decision..some say you don't get a transcript with a informal hearing?...I did  but it may make a difference if you win your claim  but I personally don't think that matters or not...maybe some one messed up and sent me the transcript not knowing they were not suppose to? IDK...
my point is  there was a court reporter some where in the back ground recording all that was said at my hearing. even after I chose a informal hearing.
I believe there's two ways you can be on record...a microphone is turned on and all discussions between the DRO & Veteran and his rep is  recorded on tape and then there's is the court reporter listens in the background with headphones on to write a transcript....they need some proof that there was a detailed proof of your hearing & the Hearing was conducted in a rightfully legal  manner...incase it goes on to the BVA or CAVC.
jmo
I was lucky but well prepared the DRO Expedite my claim that same day.  TDIU P&T with static in nature and no future exams scheduled.
.........................Buck

Navy4life,  I will let you know the results after the hearing, Monday March 21st.  12:00-1:00 p.m.  I have made copies of all the information needed, and I am categorizing them and numbering as well, so I can make a quick reference to a particular point.  I have also made a complete set for the officer as well so that we are on the same page.

I just had my DRO review hearing on 2/26/16.  It was short and to the point.  I made TWO binders that were identical for my presentation.  Each binder had the exact evidence/documents as the other one did.  When I got to my hearing the DRO hearing officer who was supposed to hear my case was out so I got another hearing officer.  I was told by my DAV rep he was short and to the point.  I went into the meeting and he asked if I wanted "formal" or "informal".  I chose "informal".  That will be your decision and only you can decide which way you go.  I went "informal" which mean't the hearing was not recorded but keep in mind anytime you want to go "formal" you can and the recording starts.  
We chatted for about 30-45 minutes and I showed him all my new evidence, my IMO letter, and I pointed out the errors from the original medical opinion.  He took all of it into consideration.  He kept the binder I provided as a "working copy" for himself.
He told me it would be about 60 days before a decision would be made.
The DRO is there to give a "fresh look" - the latin word "de novo" means from new.  The DRO is supposed to look at the entire case as if it is the first time.
Good luck!

Buck;
I will update as soon as I hearing something!  I was told at least 60 days and that was 2/26/16 so I am not expecting anything before then....

Vynce: It sounds like you opted for the "Informal," as did both Navy 2/26/16 and myself 06/29/14. If your Squared away with your "Compelling N & Material Evidence," I truly believe the "Informal" is the way to go.
Good friend of mine, that I thought should have gone "Informal," opted for Formal based on his Attorney's recommendation, back in 09/15. He's still awaiting a Decision on his IU Award, as of last Tuesday.
During his Hearing, after the Intro, DRO had very little to say, couple questions. He and his attorney presented his case, in a cross exam, type format. I don't think his attorney asked if he could record the exam and my friend can't remember precisely,  what few questions the DRO asked, or his attorney's response.
If a Vet has a Strong Case and is confident in his abilities, Starting off "Informal," is the way to go. I think a discussion regarding the Vet or his Rep being able to Record the "Formal," needs to be addressed before anything starts.
Semper Fi