Navy4life

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!

To Whom It may Concern. With the "Informal Hearing," There is no Recording of the Hearing, thus No Transcription is made or available.
I knew right away what the DRO's Decision was, only question was how far back the Retro would go. He determined that by 3:00 the same day. If you do the Formal Hearing, the DRO may ask a couple questions, maybe not. You and your Rep or Attorney simply present your case to the best of your abilities and walk off into the Sun Set, a DRO Decision will happen and be made available to you and your Rep some 6+ months or MORE down the road.
Note however, with the Formal Hearing, the DRO will advise you regarding the submission of any other N & M Evidence having to be turned in within 60 days of your Hearing. The actual Review and Decision phase won't begin till the 60 day Evidence window closes.
Semper Fi

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!!!

Navy4life, good luck! Adding to all the advice listed, the best thing you can do is keep it short but concise. For example, a bulleted timeline of events with dates. Leave nothing to chance. But make sure it's clear and concise with factual statements. For example:
2001 - Fractured left knee in boot camp - surgery - physical therapy. 2005 - Reinjured left knee - back to physical therapy. You do this, keep a short timeline of events that you can refer to quickly - then you won't have a problem getting your evidence seen or heard. This is for you mostly to ensure you don't forget anything at your hearing but certainly you can share with your VSO or your representation.
Anyway - good luck! I'm sure you will be fine. Please let us know the outcome.
SergeantQ 
 

If this is your 1st ever, DRO Hearing, you need to familiarize yourself with the Hearing proceedings. I went to my 1 and only Hearing in 06/14 without a clue. Met with the VSO DRO Hearing Specialist (Former SR VA DRO) for about 10 min prior to the Hearing. He answered a couple questions regarding Hearing Procedures, then in we went.
Keep in mind, your "New & Material Evidence," depending on how compelling it is; should rule the day. If you go "Formal Hearing," the DRO will advise you of a "60 Day N & M Evidence period," after which a Review and Decision regarding your Hearing will be made. A friend of mine is currently at month 8 since his Formal Hearing, after which he and his attorney signed a document saying no further N & M Evidence would be offered, bypassing the 60 Day Wait for the Review and Decision phase.
After my DRO's initial intro and discussion of the Formal Hearings Recording and Transcription (he said it would take about 1 yr to get a copy) I asked about an "Informal Evidence Conference," that I had requested in 01/14 but had never been held. At that point, he said we could do it right now and at any time I wanted to go back on the Record, he'd start the Official Recording again. I did ask if we went back on the Record, could I also Record the Hearing, already had my recorder out, he said no problem.
The DRO and I had a back and forth discussion for about 35 min, at the end he said he was awarding all $$ issues from 2010 NOD and also IU from 2012 NOD. My VSO-Rep had an Official DRO Award Letter on his desk that afternoon by 3:30 when he called me with the update.
Had I stayed with the Official Hearing format, based on what other experienced Vets have said, I could have waited in excess of 6+ months or much more, for an Official Decision. My Retro hit mid 07/14 and actual VA Award Letter arrived end of 07/14.
Are you going to use the Formal or Informal format???
Semper Fi

Buck gave you great advice. I think you will do very well.
By all means raise any issue that you feel involves major errors.
Navy4life, everyone gets nervous over these hearings but , if you are well organized, you can go into the hearing with confidence that the DRO will accept and consider all pertinent evidence you have.
I wish you could bring someone with you. It is often easier to have in front of you and a copy for the DRO, a description of the evidence you want them to consider, and if someone is with you they can hold the marked folders of each described piece of evidence , and hand them to you as needed..
And focus on getting some sort of nice treat for yourself  after the review- a movie you have wanted to rent, or a nice meal, or any positive thoughts you can have that will help alleviate your anxiety. DROs are as apprehensive as veterans sometimes for these hearings and I agree with Buck that this might not be as stressful as you think, because they are people too, and many are veterans  themselves.
It is odd that, after I went round and round by email and phone with my RO director , frustrated at how her RO was not applying the regs and my evidence to 2 of my claims, last year .... I actually started to like her very much, and realized her job must be very overwhelming. and she was trying to do her best...it was the RO underlings that were screwing up my claim, not her.
I wish vets had more chances to go one to one or at least talk by phone or email to the RO people who directly work on our claims.
Some of them do have a sense of humor, but more importantly, they view us beyond being just a C file number ,when they have personal contact with us.
You will be OK!
 
 

Thats good Navy4
if you get a chance have your binder/folder with you and just show the DRO across the table on the contentions in question  he/she will ask you  'you mind if I read this?''
just don't be upset  and say look here by god this says this and the VA says this'' just say in a nice way you disagree with there decision and here is why and my evidence  and show him how the VA messed up.
if you have the evidence to back it up  then your going to be fine  thats what your there for.
Actually the DRO Hearings are usually a good thing for us veterans, its your chance to have them make things right.
But some veterans do get a xxxxxxx DRO, But from my DRO Hearings ( two) in waco tx on clay street   They both have been veteran friendly, nice and lets get this right type guys.
you might have a female DRO  if this is concerning your MST? Both of my DRO were Males.
just hold your head up high be honest and I bet your going to do just fine   getting your c-file just a few days before your hearing is not much time to prepare  but at least you have the records now that you needed.
Good Luck!
 
................Buck

I wanted to mention this.
it don't matter if you have a formal or informal hearing  the informal hearings are more better in my opinion  to get your point across  in a more relaxed type atmosphere.
you will be sent a transcript of everything that was said at your hearing  in the mail with your decision.  formal or informal.
keep that letter in a safe place.
 
.......Buck

Navy4Life,
Get some, get some!!!  I will be there with you, in spirit!!!  Prayin for your complete and utter success!
Semper Fi.
Andyman

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.
 

Jenni;
I filed my NOD back in November 2014 and last month on the great advice here I emailed the Office of the Under Secretary and I filed an IRIS online.  Within days I had the VA calling me saying my NOD basically "missed a step" and that it was sitting in "idle mode".  The lady I spoke to on the phone said she would get the RO office involved.  The next thing I knew, I had a call from the appeals office stating my hearing was scheduled and low and behold I received a letter a few weeks ago for my now upcoming DRO review hearing this Friday!
When you filed the NOD did you in fact request for a DRO review hearing?  Unless you did this they are not obligated to give you an "in person" hearing and they can actual decide the NOD with or without you present.....
Here is the email for the Office of the Under Secretary for Benefits:
OfficeoftheUnderSecretaryforBenefits@va.gov
https://iris.custhelp.com/ - this is the IRIS online info
It can't hurt to inquire!

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!!!

 
 

Tip I learned recently If they send you a proposal to reduce immediately request a personal hearing within 30 days and file a new claim for increase within the 60 day period following and you will get a new exam before they decided on the reduction which gives you another shot to get it right. I received a proposal to reduce on 12/9/2015 and have all new exams scheduled for next week because i filed for increase again for the conditions they wanted to reduce. It confuses the heck out of them and they have to follow the rule most favorable to the veteran.

Yes That is what I did  I got a Motel FAIRLY close to the RO...My Hearing was at 9:00am.
I can't remember it  or how close it was to be honest with ya...but after I left I was a happy camper   hopefully you will be too.
The DAV if you still want them will take you to this room with tables and chairs kinda looks like a normal Jury Room, most of the chairs have Microphones at them, the DRO wil come in introduce him/her self  and let you know how the Hearing will be conducted and its up to you to make it be formal or informal  I choose the informal...ITS not has bad as you may think actually I think you will be relieved especially if you get a VETERAN FRIENDLY DRO. That will ask you questions face to face and allow you to present any evidence you have with you.
but you may need to ask?
Just try to remember the DRO is there to help you with your claim what you should say is 'First''off Iwant to thank you for allowing me to have this hearing and thank you for your valuable time  ect,,ect,,  in other words kiss ass if you have too
if you get a humorous DRO I bet your going to be fine.
Just take deep breaths and go in with a ''were gonna fix this today and to my liking attitude
Always be kind and courteous  Even if you can't stand the SOB  haha
...Buck

Yes take those and any records that pertain to this claim make copies  put them in an eazy to open/read folder, with a title to them to make your point to the examiner. The mix up on your foot.ankel and the dates that are wrong  ect,,ect,,
you can request that he/she reads these records because they came from your C-file &to late to submit them for this C&P but you may try to upload them in myhealthyvet ...do it tonight if you can but the examiner probably already has what the VA sent them...So do take copies you you will have them the examiner should read them...ay my QTC I showed the examiner some of my records and how they messed up on my DD 214
Remember evidence wins and your able to back up what you say.
Study and go over all the records pretty good and take what you need for the examiner to read.
I believe you will do ok.
Good Luck and let us know how it went.
btw your C-file is pretty small so makes it easy to go over.
 
.............Buck

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

I guess it really depends on the examiner you get.  I got lucky with all my C&P exams so far...I sure hope I am lucky next week.
My PTSD/MST & Eating Disorder Exam went well.  The C&P examiner had read my entire file and if something was missing, I either told her or showed her my proof.
My other C&P Exams for other contentions (some denied) but the ones I was S/C for went good as well.  Tinnitus was a wham bam thank you ma'am - S/C and my IBS C&P Exam, I didn't have to show anything.  Based on what he had he said I would be rated accordingly, and I was...30%!
Don't get me wrong, I am waiting for my NOD hearing next month b/c I did have my other S/C denied which I know darn well they should be S/C.  How do you grant me 10% for my ankle when I have numerous fractures, sprains, sick calls, private doctor notes, DBQ's, MRI's, X-rays to prove AD = S/C??? Oh well right...If I prevail, hello back pay of 3+ years!
I just wish it would go like it should for all of us!

I agree with Buck that the VA doesn't "own" the C&P exams.  Sure they ordered them but we do have the right to review them.  I never understood why the QTC exams were such a big deal to get when we can see the C&P exams from the VA examiners on MyHealthyVets.  I think the QTC exams should be available to us...
Thanks to Buck, I am going to see if I get lucky tomorrow and get mine from the VBA at the VA hospital.  I am in PFD so not sure reviewing it now will make a difference for me or not but it would be nice to see it before a claim is decided in case there is an error and the Veteran could fix the error before the claim is decided.

I had my C&P exams with a QTC facility on 2/4/16 and they were received by the VA on 2/18/16.  You can check on Ebennies for C&P exams and see if they are pending or complete.  It is under the appointment calendar.  I figured this trick out last year.
As far as your exams, they are not available on MyHealthyVets, but I was told if you go to the VBA at the local VA hospital and ask for them they will give a copy to you.  Worth a shot....

Well big SHOUT out to Buck!  I received my C&P exams from the BVA at the VA Hospital just now.  All I had to do was request them and they gave them to me!
BAD NEWS - the PTSD & Eating Disorder C&P exam is NOT good!  Looks like I am going to be reduced to 10% and the C&P exam for left ankle doesn't look good either.
What gets me is the doctor doing my C&P for PTSD stated I had BDD (Body Dysmorphic Disorder) but the C&P exams states I have "characteristics" but don't meet full criteria to warrant a diagnoses.
I will post them in the C&P forum later but pretty bummed
So if they decide to reduce me will I be sent a separate letter or will that be on the Award Letter as a recommendation for reduction?

Green;
Thanks! The issues I have is I was unable to see my C&P exams but I was able to get "bits and pieces" of it from a VBA rep on the phone.  Oh well nothing I can do now right?? LOL
 

Yes, I just established care with a new PC provider in Dec, and he was very thorough about noting all of my diagnoses. I will def make  new appointment. I have to anyway because I am losing function in my right wrist. Thanks for the advice and support! I hope your claims are resolved soon too! You have been through a lot with your process, and I think I had it easy by comparison. Now I wish somewhat that I had not waited so long,  but I bet the process would have been longer and more aggravating if I had started before the FDC program came along.

Yes that is a great relief, really. If I need any type of PT or surgery, I can do it without worrying about the loss of income from not working. I want to work still- I am completing a degree right now! But there is no way I can work full time and be a reliable employee because of my MH issues and the recurring migraines and bouts of inflammation. I'm limited to freelance projects now.

Do you have a primary doctor? If so secure message to get an appointment to come in for a referral for your issues.  I have a primary and several other doctors (specialty) that I now see and I am so glad for it!  The medial help is wonderful!!!