Navy4life

Gastone;
Have your friend look at his NOD - I specifically put on my NOD that I wanted a DRO review hearing.  If he put that on his NOD and never got the hearing the VA is in violation of his rights to that hearing!  You have to request the DRO review hearing in writing!!!  I am sure that is the clear mistake on his part unfortunately.....

There in lies the problem. I really thought he understood our discussion regarding filing his 11th hr NOD, end of 11th month after the Denial Decision. Instead of filing it himself, he relied on a telephone communication with his DAV Rep, BIG MISTAKE.
Never received a copy of the NOD Filing by the VSO requesting the "HEARING." Second mistake was setting on what he considered his N & M Evidence, planning on presenting it at the Hearing.
To the best of my knowledge, he has never been able to get an actual copy of the VSO filed NOD requesting the Hearing. You can try and lead them to the water but you can't make'em drink, right. I'm not really sure he ever requested a copy of his C-File after the DRO Denial, said he did, but never brought copies to any of our group meetings.
Even if he found out that an error was made regarding the Review & Hearing, either by the VSO-Rep or the DRO, I think he's still locked into the BVA.
Semper Fi

Gastone;
Have your friend look at his NOD - I specifically put on my NOD that I wanted a DRO review hearing.  If he put that on his NOD and never got the hearing the VA is in violation of his rights to that hearing!  You have to request the DRO review hearing in writing!!!  I am sure that is the clear mistake on his part unfortunately.....

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

When was your denial?  
You can file a request for reconsideration but the downside of requesting a reconsideration instead of a notice of disagreement is that if the decision isn't made within the one year appeal period you will have lost any chance to appeal the first decision if you don't get a favorable decision on the request for reconsideration.  I would only do the request for reconsideration if you are ABSOLUTELY positive of the outcome of the claim.
My personal opinion....file an NOD and request a DRO hearing in the NOD

Yeah unfortunately that's the drawback, however from what you wrote it sounds great. Way to go hang in there and get r done. 

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.......

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.......

Okay I am here!  I recommend this hotel Marriott/Residence Inn which is on clay street.  So I am literally 2 blocks away! Time to unwind....dinner and shower and then some tv...
Please keep me in your thoughts and prayers for tomorrow :)

Thank you!!!!

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.......

Awesome, Navy!  This looks VERY good!  Fingers crossed for you! 

Navy4life, sorry for the late response, but I am so glad that your hearing went well!! I hope you get the highest ratings possible in the shortest time frame possible. Congrats, you did great, now your just waiting on the BBE! (Big brown envelope)

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.......

That is aweomse Vinksy54!  I hope you have a favorable outcome!  I will keep everyone posted with my situation....

He told me that he is the one that provides the decision. That he would be reviewing the evidence making the decision...At least that is what I thought 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.......

UPDATE! - I just spoke with my DAV rep and he and I went through my binders as if he was the DRO review hearing officer and he said that my IME's should do the trick.  We will see....I am waiting now for the hearing.  I am the only one scheduled today for the DAV office so I hope to be rather sooner than later.
He told me the three elements:
1. In service injury
2. continuation of treatment
3. Nexus
I believe I have all three!
He told me to expect about a 30-45 day for decision after the hearing!
Oh and my FDC that is in PFD is waiting to rate based on the appeals outcome!
Fingers crossed!

Good morning my fellow Veterans...The time has arrived!  I am heading over the DRO hearing in a few minutes....
Here goes nothing....

Okay I am here!  I recommend this hotel Marriott/Residence Inn which is on clay street.  So I am literally 2 blocks away! Time to unwind....dinner and shower and then some tv...
Please keep me in your thoughts and prayers for tomorrow :)

After the advice I received on here as well as talking to my  DAV rep I have opt'd for the informal hearing.
I am going to be heading out this afternoon to drive down to WACO and stay the night.  I am taking Berta's advice and having a nice dinner tonight "pre" DRO hearing and trying to relax as best as I can.
I will let everyone know how it goes!

Navy4
Yes the DRO can make a decision on your claim but they rely on rating specialist to come up with the correct rating%

First of I'm extremely grateful to all of you!  Your overwhelming support for me has me quite emotional this morning. I am heading into work and I'm so grateful to work for an awesome guy!  He told me to take the whole day to prepare. 
I was up most of the night going through all the documents. I noticed there were multiple DBQ's of the same one in my C-File. 
I extracted what I think I should point out as errors. If you noticed the documents I attached you can clearly see errors!  Additionally on the advice of Buck I have prepared word documents with bullets to point out the issues and errors and new evidence to supply. I'm going to prepare a binder for myself and the DRO with separaters and tabs. 
I plan to leave this evening. Got a free rental car and hotel with reward points lol. No wear n tear on my car lol. 
Again thank you!!!

So I have been going at this for several hours now and I am quite infuriated with the findings I am coming across!  There is a "medical opinion" that is just absurd...In any event, I have typed up several documents to coincide with the contentions that I am trying to get S/C.  Tomorrow I will spend the time getting all the documents organized and into a folder/binder to be able to hand to the DRO review hearing officer.