Navy4life

The nice thing about the deferral is at least they went ahead and rated you for what they could right now so you can get the compensation and medical while you are waiting for the other deferred contentions

Woot Woot! that is awesome! Congrats!  What is still deferred?
Happy DANCE!!!!!!

I clicked "decided my claim" on my last FDC and after I did that it was completed in 4 weeks.  There is nothing legally that can bind a Veteran from giving up rights by clicking the button.  It's just paranoia in my opinion....

Navy4Life,
Do you have flames painted down the side of your scooter, and a gaping shark mouth on the front?  Only then would it be a true representation of the real you!!! 

Buck;
I asked the DRO what the next step was and he was in NO WAY prepared to do a decision that day b/c for one he wasn't the DRO that was supposed to hear my claim and he had to look over all the evidence to include my current N&M evidence.  I think he was VERY satisfied with the IME's I submitted.  Even his discussions indicated that I should have been rated a MINIMUM of 0% for the fractures.  He said that was overlooked and the fact that the medical opinion provided in 2014 contradicted all the evidence to support a favorable decision puzzled him.  
You should have seen me roll up in there LOL...I should have taken a picture of me on the knee scooter, left ankle in a brace, computer bag hanging on the front of the scooter and a drink to boot in the pocket of my bag LMAO!!!

Ebennies shows my hearing was HELD!  That is great!  Now come on with the decision LOL.... I know I know gotta wait...LOL

Okay I am back in DALLAS and able to post!
DAV told me that the DRO Hearing Officer that was supposed to hear my appeals was out!  Great that doesn't sound good...He said the guy that is "stepping in" likes to go rather quickly.  I said "okay is this good or bad?" He said "it was fine and let's move forward".  Granted this rater/hearing officer didn't have a whole lotta time to review my file.  So we walk in and I greet him with a warm smile and firm hand shake.  I thank him for taking the time to hear my appeals.  He asks "informal or formal" - I told him informal and we got right down to it.  He said this matter was before him for Right 5th MT fracture; Right ankle sprain; Morton's Nueroma 2nd MT.  I said yes and he said great let's get started.
I provided him my binder I created for him and we went 'step by step' through it.  The DAV rep was good for me and mentioned several times throughout the hearing that the IME is the key evidence for my case.  As we were going through the hearing the DRO reviewed the letter my VA Podiatrist doctor provided on my behalf (attached above in original post) and I referred him to the highlighted paragraph at the end of the letter where my doctor directly links my three contentions to my active service and furthermore stated I had continuous issues. I then pointed out to him the fact that both DBQ's filled out by the QTC doctor in July 2013 diagnosed me with Right 5th MT fracture; right ankle sprain; and morton's nueroma 2nd toe on the left foot.  I showed him all my evidence to include the picture of me holding my daughter with my left foot/ankle in a cast, the layman statement from my oldest daughter at the time who specifically remembered the event; two additional SMR's indicating chronic feet/ankle issue to the right; and the issues I found with the medical opinion from November 2014.  I told him that there was no way the medical opinion matched the evidence.  I think he agreed, because he stated that the rater goes by the medical opinion and after that negative medical opinion was presented the rater didn't pursue any further.  Well that is why I am here today LOL....
He mentioned to me that even a fracture to a body part without every having any residuals warrants a minimum of 0% S/C.  Meaning since I broke both my feet/ankles and fractured them that if I had no residuals or problems after the healing I would and should have been warranted at a minimum 0%.  That made me feel better.
We went over the entire binder that I provided and it was all about 30 minutes total.  He said that he would take everything into consideration, review the entire file and have a decision within 60 days.
We briefly talked about my FDC claim and he said he saw that and knew that it was "RTR" ready to rate....I believe the FDC is waiting on the decision of the NOD.
I felt pretty good about it and so did my DAV rep!
Now the waiting begins.......

Andyman;
Contact your local congressman's office!  I did this late January complaining that the VA had not provided my C-file and I had been requesting it for over a 1-1/2. I stressed I needed it for my DRO hearing (which is today)!!  I asked him as my congressman to step in and low and behold his office did.  I had a FOIA request from his office show up on my open claims and I got my C-File on Tuesday....TWO days before my DRO hearing.
I would try your local congressman's office!
Good luck!

Honestly with the "effective date" of April 2014 and you filing for an increase in December 2015, I think that was the right path to go on.  Sure the rating decision came October 2015 BUT again the effective date of the claim was April 2014 and between Apr. 14 to Dec. 15 you had enough time to possibly warrant an increase.
The NOD route would have been years so filing for an increase probably a better option.

There are times when we say things the wrong way and there are times when we take things the wrong way. I was not questioning your credibility, I was just asking a question so I could understand it better.  There are times when VA will deliberately low ball a veteran even with the actual evidence in the VA's possession and a veteran would have to file a NOD. In your particular case I did not know if this was a factor where you thought that filing a new claim would be a lot quicker and you could ask for an EED (Earlier Effective Date).  I did say that I was confused and I might have been having an off day or my meds. were messing with my thought processing. We the posters can only go by what is posted and most of the time it is really not enough information to take a guess but we try our best to try to shed some light or some insight of the possibilities of what the outcome may be but with VA anything is possible and you really won't know what is going on until you get a written decision.

AWG, oh contrar! Nav4life got it.
No one is ever going to be as concerned about your claim, as you, you own the claim. VSO-Reps mean well and serve a great purpose but are not as vested in the outcome of your claim, as you are. Trust but verify everything anyone does on your behalf.
We were all FNGs with our 1st claim, even The NOD, was a VA Claims Boot in the beginning. He got his Claims education primarily from his own claims and appeals. 20+ yrs of VA Claims and Appeals experience can't be obtained by just reading books.
Vets with severe MH or other Disabilities face a greater challenge than the average Vet, goes without saying. They certainly can't have a VSO-Rep that is a half-stepper, handling their claim or appeal.
If the severely disabled Vet or his caretaker stumbles upon Hadit, just reading the posts should give them the means to be sure their claim is being handled properly and if not, how to correct the problem.
Semper Fi

I think you are taking Gastone's comment out of context....He simply means we all need to fight our fights and sure there are some that can't fight the fight and need help. He didn't mean that they should be left behind...

NOD, you know I was just jerking your chain. I can't remember the last time I read 1 of your postings, that I didn't come away with more VA Claims knowledge than I started with.
SOOO, Not True, Your in Error or You Speak with Fork Tongue; are all good by me. The clarification discussions are informative for all of us.
On the other hand, a few of our fellow posters, may be way more sensitive than me, if they can't take a joke or a little well meant criticism; maybe they should read something else.

Buck thanks!  I really appreciate it!  I think the 30-45 minutes I was in there was enough.  We went through the bullets I had for him and the binder was helpful for him and I think I got my message across...at least I think I did LOL...
Yes me on that knee scooter is funny...I am counting down the days to getting off NWB status!!! Come on 3/8/16
BTW are you at the VA at all this week?  I am there Monday and Tuesday and then again on the 8th....

Heck, she wasn't rolling in, she was driving that thing around like a go-cart as it has a 6 HP Briggs and Stratton engine.

Yes I understand.
rolling in with your scooter drink on one side and your computer bag on the other  haha  good one Navy4
but he was in-charge as being a DRO even if he had to read a lot ....that's what there pick to do is review our claims and try to settle it then and there.(30 minutes is not that long).
but I understand in some cases it does take them longer to decide   that's what would scare me, especially if he dives way back and finds something  that he might read the wrong way and your not there to tell him different  and he rates accordingly.
but not in your case I think you have enough evidence for them to over turn the ruling in your favor
 DRO's have the authority to approve claims and get with the rater to adjuicate the claim on the spot.
so now your in wait city, but maybe it won't take him 60 days to decide  hopefully he decided it that day and then getting the paper work all wrote up and certified or what ever they do to make it official  maybe you will hear from the DAV Soon.
This is good thing that we can physically show them our disabilities.
I hope and pray you get the decision you wanted or better.
 
............Buck

If you have rated issues on both legs/feet (they don't necessarily have to be the same issues) the bilateral factor would be applied.

The total rating on a lower limb (knee through toes) can not exceed the amputation rule which is 40% per side.

Gastone,
Ain't that the truth. I agree veterans must stay on top of there claim or on top of their Rep (no pun intended)
I never heard a word from my DAV Rep and I've seen him time and time again at my VAMC just walking through, I thought to stop him and ask if he heard anything on my claim..but he probably would have said''NOPEnot yet  it usually takes a year for the VA to get back to me (he said that when he first filed) anyway I used ebenny's UPLOADING Evidence sent it and also snail mail return certified receipts.
I never went to my DAV I just sent all my evidence and lay statements Dr's reports stressor's ect,,ect,, to my claims Intake Center By passing theDAV
Unless the VA sent him a copy of my decision he don't even know my claim was decided.
I bet Navy4life gets a decision within a couple weeks...anyway I hope she does!
 
...........Buck

Gastone you pretty much nailed it on the head. As myself and others have said, no one is going to care more about your claim than yourself.  This system is corrupt and brutal and relying on patrons that sleep with the enemy, well, that is just not smart.
Use the VSO as tools and maybe some guidance, however, if they are the reasons for the delay, reasons for your  evidence not being filed and turned in, then who is blame.  "My claim, My responsibility..."
Before anyone gets their undergarments in a ruffle as I mean no offense, I speak from my experiences as I found mistakes and overlooked regulations, and misguidance from VSO's and well known attorneys.  I checked up on them and I got into the books myself.  I looked at my evidence, looked at the regulations, and laws and I sought after what I could prove, what I had records for, and what the law,regs, and medical evidence could be used to reenforce and justify my claims.
Buck and Gastone are absolutely correct, it is up to you to do the heavy lifting.  JMO

Yes I have had DRO hearings.  One was a partial grant the rest went onwards.  The last DRO hearing was somewhat fruitful as well, I can't deny that.  The ratings on my knees were bumped up but everything else went onwards.

The WAIT wouldn't be so bad, if you knew that there was some forward or upward movement in the pile, right.
My understanding of the BVA Appeal Advancement, nothing happens till the RO Certifys the Appeal to the BVA.
Buck: It always comes down to the Vet doing the heavy lifting. To many Vets sit back after the 1st claim is filed, thinking the VA &/or their VSO-Rep will do everything to get the claim awarded. A year or 2 down the road, after they get Denied, the light comes on for them; did for me.
My claim, My responsibility - Your claim, your responsibility.
Semper Fi

Gastone;
I agree that it is most likely his fault and not being his own advocate.  I learned so much on this site from fellow Veterans and I am so glad I requested on my NOD to have the review hearing because that insured me of a hearing.  I also submitted all N&M evidence as I received it to back up my case for my NOD.  
I also agree that there is nothing he can do now but wait for the BVA and that is going to be a long wait for sure....

Gastone;
I agree that it is most likely his fault and not being his own advocate.  I learned so much on this site from fellow Veterans and I am so glad I requested on my NOD to have the review hearing because that insured me of a hearing.  I also submitted all N&M evidence as I received it to back up my case for my NOD.  
I also agree that there is nothing he can do now but wait for the BVA and that is going to be a long wait for sure....