Navy4life

Okay I got the hotel Buck for tomorrow night and it's right down the road from the hearing office.  I have all the paperwork I need to get in order for the hearing.  
I sure hope I prevail b/c I am so tired of disappointment with all this crap!

Buck;
I plan to take the whole day to get this in an orderly fashion for the hearing on Friday.  I am going to be at work in the conference room all day LOL.  I might even drive down to WACO tomorrow night so I don't have to get up at 6am to drive.
I am having a bit of a pain attack because this is the moment I have been waiting for and now it's here.  I am so grateful I got this C-File!

Vinsky54
No offense taken, glad you found that record it will help you out.
 Remember There's always hope if we never give up.
...............Buck

I am again so grateful for what I learn here. My dismay has turned to hope. Navy4life's post about "continuation of treatment" really had me worried. But it had the effect of driving me back to my AF medical records, and there it is! Something I had missed. I went to the clinic about a year and a half after my surgery complaining of the very symptoms of Dumping Syndrome. Though not diagnosed as such, it is clear as day due to the documentation of my complaint.
That was the VA's main justification for my first denial in 2003. That there was no record of the syndrome during my service. But now, I beg to differ.
Hope is back. Thanks again for the insight.
And Buck52, I meant no offense when I made that comment about "the more time I spend on this site..." I hope I cleared that up above. Y'all are very much appreciated.

Glad you got through it  sounds promising to me, I hope you get a rating that you so deserve.
to bad a rating specialist was not at your hearing, the DRO could ask the rater to look at the % for him and usually they expedite the issue at hand.
Oh well 60 days is not to bad  and they usually decide sooner than that.
DRO Hearings seem to speed up things or at least shake the tree.
since you had a informal hearing...let us know if you get a transcript of your hearing with their decision.
Relax now :)
..............Buck

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.......

Every reduction proposal comes with a letter that says if you don't agree with the adverse action you have the right to personal hearing if requested within 30 days of the date of the proposal to reduce. The law says the VA cant reduce your rating until you have the personal hearing which at this point its taking the VA about 6 months to actually get the hearing. Thus the benefit in filing a new claim for increase a few days after you request the personal hearing is that you will get new exams long before they get to a hearing and thereby have strong new evidence against the reduction for the hearing or they'll cancel out the proposed reduction completely and just decide the new claim(which is happening in my case).
The best way to request the personal hearing is in writing. Use the IRIS system the day you get the letter or fax it to the centralized mail system. If you live far from the regional office you can request a video hearing. 

That's good advice, Navy!! 

brokensoldier,
I certainly appreciate your willingness to share your perception of Hadit and it's members.  I have a different viewpoint however. 
I don't see the site as negative.  I believe everyone is entitled to their opinion and this site allows opinions to be expressed.  I have visited other sites on the web that are supposed to be providing help to veterans and my opinion is that many of the members use those sites as means to show how much they think they know/express their opinion and in doing so they simply shut people down.  Often times you can read responses that are akin to "Hey Dummy, hire a VSO and all with be right in the world (and your claim)". I find many of the responses in these other forums to be offensive and belittling. 
I don't view Hadit as that type of forum, people are welcome to ask questions or even vent if they need to, and those that have experience provide ideas, suggestions, and support.  I understand that you feel that the VA may be presented unfairly through these discussions and the occasional venting.  I believe we can all agree that the VA is tasked with an enormous responsibility and that there are some great, even fantastic, VA employees.  At the same time I think we need to acknowledge that there are many veterans that have been treated poorly.  Any doubt of that point can be easily dispelled by spending some time reading through decisions at:
http://www.index.va.gov/search/va/bva.jsp
 
Green
 
 
 

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!

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!

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!

Buck: Things must have changed. DRO specifically told me that with my decision to go "Informal" he was turning the recording off, no recording or transcription would be available. However, he also stated before he turned the recorder off, that at any time I felt that I wanted to go back "On The Record," all I had to do, was say so. He would start Recording again and a Transcript of that portion of the hearing would be available.
As it stands today, I received the DRO Decision 06/29/14 (VSO Emailed it to me same day), the VA Award Letter end of 07/14. May be a Transcription available for the initial intro and discussion with the DRO, nothing mentioned by the DRO or the VA Award Letter. I really didn't have reason to even ask about it, everything including IU T&P No Future Exams, was awarded.
Vets that are unsure of themselves or their representation, should definitely stick with the Formal Recorded & Transcribed Hearing. If you opt for the Informal and things seem to be going SOUTH, immediately request to go back, On The Record.
Semper Fi

Navy4life
Your going to do ok at your hearing  I have good vibes about this...your going to be singing all the way back to Dallas.
Keeping my fingers cross for ya.
 
........Buck

My prayers are with you. And I am a firm believer in the power of prayer. As the Bible says:
"What, then, shall we say in response to these things? If God is for us, who can be against us?"
We have right on our side. You shall prevail.
 

Did you not ask for the DRO review hearing in your NOD?
I got lucky somehow and got my hearing tomorrow and I filed my NOD in November 2014 but I was still under Virginia RO at the time even though I was here in Texas.  When I inquired about my NOD last month with the VA and the Office of the under secretary, I got a call within days from the VA.  They said they were going to "expedite" my and I come to find out after talking to the WACO DAV that I got lucky b/c all NOD hearings are at least 24 months waiting.
I would highly recommend you have a hearing and be heard vs. relying on someone to make a favorable decision for you!

...Keep the Faith, Sister...!

I'm learning from this and see my future.
I think you are prepared and have the evidence that points to the mistakes. Say only what you must to point out the errors. If they ask questions just answer as briefly as you can because the enemy looks for any opening.
I think you are ready. We are all behind you.
 
 

will do N4L, I'm expecting positive results for you

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 :)

Okay so most of you know my situation...
I have my NOD this Friday and I got my C-File in the mail today!  Nothing like getting it at the last minute but I am sure glad I did!!!!  
Here is my issues and I need help please for my hearing on Friday!
My NOD hearing is for right ankle sprain DENIED; right 5th metatarsal fracture DENIED; and left foot/toe condition.  The issues surrounding this are the following:
June 2014 Award Letter stated Morton's Neuroma w/status post avulsion fracture, 5th metatarsal, right foot - THAT WAS WRONG - it was actually for my left foot/2nd toe 
My November 2014 Award Letter - stated my status post avulsion fracture, 5th metatarsal, right foot as DENIED; right ankle sprain DENIED; left toe condition DENIED.
Now fast forward to this mess on my floor - my C-File!
I see this in my C-File which pertains to my current FDC claim that is in Preparation For Decision.  Notice the "temporary convalescence for right broken foot secondary to left ankle comment.  What does "Issue is RTR"????rater letter 1_Redacted.pdf - Do you think they are holding off on my FDC until after the NOD????
Next is the Ankle DBQ from July 2013.ankle _Redacted.pdf - I uploaded the two pages of concern.  Look at question #1 Diagnosis and tell me if you see the error for Diagnosis #2 - This the issue I am stressing about!  The doctor notes ICD code for right 5th metatarsal  with date of 1993.  He notes it affects left side?  Is this not a direct diagnosis for me?  I also have right ankle sprain diagnosis and left ankle synovitis diagnosis yet I was only S/C for Left ankle synovitis?????  Is this not sufficient enough to have had me S/C for right ankle sprain and right foot fracture?
Next is the Foot DBQ from July 2013.foot 1_Redacted.pdf - Again look at #1 Diagnosis - Morton's Neuroma ICD 355.6 as of 1992.  Look at the foot injury and see the date of diagnosis for fracture of 6/23/13.  That is wrong!  That is the date of an MRI I had of that foot but the fracture was already noted on Ankle DBQ
How did I not get rated?  So many screw ups with this!
This is already evidence but should I bring it and POINT out the CUE's????????
Here is the picture of my entire C-File!!!! Gotta love it!  It still doesn't have my medical records from the 90's but I think I have enough ammo just need advice!!!

 
 

Wow. So much information and so little time (maybe). Why did I not find this place a year ago?
It seems many have had good success with the informal hearing process. As my NOD has now been sitting in Waco for 10 months, would I be starting the wait all over if I request the hearing?
I think the file I have built and submitted for the NOD is pretty comprehensive and irrefutable, but I would rather see and hear what the VA has actually put in the record vs. what I have sent.
What do y'all think? Stick with the DRO review on paper, or ask for a hearing?

So I went to the QTC office for my TWO C&P exams today.  First one was at 1300 and it was my MH C&P exam for PTSD/MST and my eating disorder.  Was with the doctor for about 1-1/2 hours and we went through everything thorough.  Apparently the reason I had this C&P was the fact that the VA originally rated me for Anorexia Nervosa back in 2014 separately from my MH PTSD/MST/Anxiety.  Looks like I should be under Bulimia rating because of my binging/purging with laxatives and the abuse of the laxatives.  The discussion was good, she did not have me 'totally' relive the disgusting event but we did touch on certain aspects.  I was personally assaulted resulting with a pregnancy where I lost the child in my late first trimester/early second trimester.  I felt pretty good about the exam and thanked her.
So I had a few hours to kill before my next C&P at 1615 so I went and got something to eat and chilled.  Got back to the office around 1530.  Now mind you I was already a bit anxious from my discussion a few hours prior.  This exam coming up was for an increase to my L ankle.  I am currently on a knee bike and I have an ankle brace on my left foot. So there I am sitting in the waiting room minding my own business.  Look at FB to kill time and I over hear a conversation taking place behind the glass in the office area.  Now keep in mind, I suffer from MST!  here is the conversation:
Employee #1 - So this lady was raped 12 years ago.  It's apparent you can't do a rape kit.  How does she prove this?
Employee #2 - Well the VA takes there word I guess.  
Employee #1 - Well that doesn't sound right, how do they know if she is telling the truth or not
SO I F***** LOST IT!  I MEAN I FREAKED THE F'OUT!  Went up to the glass and said "who the hell do you think you are to even be talking about a patient and their personal file like that?"  And "who are you to determine whether the person is lying or not?" "It's not up to you but rather a doctor!!!!!"  I asked for his name and he told me it and I asked for a supervisor...Well guess who the supervisor was!  That guy!  WTF!  I got the other ladies name and by now he had brought into the back b/c of how upset I was and just kept saying "I'm sorry" "I'm Sorry"  Are you serious?  By now the doctor who had examined me for my MH C&P came out and brought me to her office to console me.  I was sobbing, I am mean literally sobbing like a baby.  She said that was uncalled for and I told her "you are damn right it is".  I am going to report this to the VA, the QTC corporation, anyone I can get ahold of!
Needless to say I had to get myself together so that I could do my next C&P exam for my left ankle.  That doctor, too, heard the whole situation and was so appalled at his actions.  I told her thank you.  We were able to get through my L ankle C&P.  She said b/c of my right foot in a "non-weight bearing status" she couldn't do the "normal" testing of both feet/ankles.  She said I am noting it and she also said that the knee bike I am using now for my right foot, is probably causing even worse issues to my left foot ankle b/c now I have all the weight on my left foot/ankle.  She told me that I should get a wheel chair and to discuss with my podiatrist.  My calf muscle is significantly smaller now on my right foot but that is to be expected.  Over all the this exam went well and I believe favorable too.
So with all that going on today I am just completely devastated and reverting back to my old self....
Thank you for letting me vent!

They may have change the process/procedure somewhat ? 
when I had my  DRO hearing back 2002 I choose informal hearing and the DRO and I talk back and forth ,I presented new evidence &  my claim was expedited & also  and a thumbs up from the DRO letting me know he was expediting my claim for TDIU with P&T NO Future exams...I received a transcript of the entire Hearing word for word in about 4 weeks with my official award letter. 
in my opinion a veteran should receive a Hearing transcript  from his/her Hearing  for his /her records.
 
........Buck