Navy4life

It sounds like "anal fissure" is a diagnosis.  If this gets service connected, then you could be compensated if you have symptoms from anal fissure that YOU did not already get paid for with IBS diarrhea.  

This has gotten so far off topic. Really sad because I had a lot to share with other Veterans. 
I'll  make another post when it's time to do so. 
RU you really need some anger management and you should stop with the paranoia. We are all here to help one another. Whether you agree or not if it isn't your thread don't instigate the situation. 
And I think you should be banned. Too many threads on here with you bashing people. 
 
PLEASE CLOSE THIS THREAD!!!!!

I have been quiet on had it for many years, although I always would get updates. To See RUR so rude he may want to go to Facebook with that drama. The fact he questioned Berta's knowledge is almost delete worthy.

Look you jumped on my thread and really just came at me saying very mean things. I was simply replying to my thread that a good thing happened today. Another DRO  WAS BROUGHT IN AFTER I GOT THE SECRETARY OF VA BENEFITS INVOLVED. she personally called me today and told me that she was granting me full grant but just needs a CnP for rating purposes.  I feel grateful that she is over turning the original DRO's erroneous decision. 
 

Thanks Buck!  This idiot came on my thread and just ripped into some BS he had no idea what he was talking about!
I updated today to let everyone know that a new DRO called me today to say that she said the other DRO WRONGED ME!!! I'm getting a full grant!!!  I just need the CnP to give accurate rating %!!!'
so excited!!!

I'm not sure why you are hating but did you read my post above?  I just got a call from another DRO saying she is giving me a full grant!!  Not all DRO's are bad. The one I had was and this DRO say that!!

Thanks Buck!  This idiot came on my thread and just ripped into some BS he had no idea what he was talking about!
I updated today to let everyone know that a new DRO called me today to say that she said the other DRO WRONGED ME!!! I'm getting a full grant!!!  I just need the CnP to give accurate rating %!!!'
so excited!!!

RUREADY
Ms berta is the best Veteran Advocate we have here at Hadit.com  With Our Claims Cue's or DIC , DRO Hearings ,Proposal to Reduce ect,,ect,,,and she explains them very well....and Knows more about the VA Administration than you and I ever will.
So please  keep your inappropriate comments to yourself....or I'll ask the Administrators and Ms TBird to Ban you from Hadit all together ....Now put that in your Pipe and Smoke it!
 
......................Buck

I am getting a FULL GRANT!!!  Just got a call from a new DRO and she said that the DRO overlooked the medical opinion of my doctor and I should have been granted for all three contentions!!  She is sending me for a C&P exam so that she can get an accurate rating % for me!!!
I am over the moon!!!!!

Good for you Navy4life Way to go!
I think any time a Dr or C&P Examiner ,DRO don't read the evidence that is supportive of the claim and the claim is denied   this is good evidence for error and is in considered an error big time when they do that.
JMO
.....................Buck

You bet. This is good news!
 
 
 
 

**UPDATE**
I just received a call from the Office of Secretary for Veteran Affairs.  I got my newly appointed rep, John Dorle on the phone and we explained the whole situation regarding the DRO Steve Wilbur at the WACO appeals office.  The lady we spoke to said that she is sending an email to the WACO appeals office to have another DRO other than Steve Wilbur call me to relook at my claim that he denied.  We pointed out all the errors that the DRO did in the SOC and furthermore his character to boot.
I have been told that someone will call me by 9/19/16 and if I do not get a call by then, to call her back and let her know.
This is my only chance for a hope of overturning this horrible denial by DRO Wilbur.  Please Please keep me in your prayers!
 

Yes, I feel you should request a formal hearing on a 21-4138.
 I do see this statement might be the main problem:
"Both opinions lack a rationale sufficient to support a grant of service connection"
But the 2016 medical opinion says there is no other etiology or cause for the disability,and certainly gives a medical rationale.I don't understand why they say it is not sufficient.
Not only is this from a VA Podiatrist, this doctor is also a surgeon.
Maybe they need some sort of abstract or treatise that states that anyone with this type of ankle condition would be at risk of falls and loss of balance.
I dont get it.I have severe pronation and that affects my ankles.It has caused me many balance problems and also some falls in the past...even with braces and orthotics.
But this just goes to show that there is no regulation that demands the VA should apply  common sense (or even any regulation that says they have to be literate) 
 
 
 
 

Gee, I dont feel I helped you much here at all Navy4life........did John Dorle feel this was a CUE basis ?
"One major catch he caught that I didn't know, is a DRO can not dismiss a medical opinion as this DRO did so in my SOC.  If anything he would have had to get another medical opinion to reconcile my doctor's opinion as to it not being probative. " Right...One for the claim and one against- if both have equal merit and weight- means under Benefit of Doubt,meaning  the claimant wins.(But VA owns the scale)
It is definitely CUE if a DRO ignores a probative independent medical opinion.
Dr. Bash had a fit when a DRO completely ignored the first IMO he did for me.
Then they did a posthumous C & P exam that they used to support the denial. Dr.Bash did an additional opinion and they still ignored it completely- same DRO- double DRO review.
I even had former VA secretary Mansfield to submit the IMO for me, thinking that would make them read it..but even that didnt work. 
That was in 2005. I got smarter.
The last time my RO pulled this BS on me was last year. They completely ignored AGAIN a probative medical opinion that supported my claim (HBP under 1151) and this time the medical opinion I had was from the VA's top cardio doc in Washington DC...it just goes to show VA will even ignore their own doctors if they can. I  asked them to CUE the denial and they reversed and awarded and it didnt take long.
38 CFR 4.1 et all, and specifically 4.6 is a Powerful tool !!!!!!
"The avenue he is going to seek for me in the FORM 9 is to request a formal personal hearing with a new DRO in St. Petersburg, FL.  I now live in Florida so that might be a possibility.  This way I am out of the Waco Office. "
That sounds like a good idea to have another DRO look at the claim but I am surprised he said to request that type of hearing on the 1-9.....do you still have time to respond with a 21-4138 to make that request?
 
 
 
 

It looks good to me Navy4life
but remember to go through the proper channels with your claim...like broncovet mention  CUE's are hard to win...even when you think its in black & white  they can come back with tech stuff.
I'm not saying CUE is out,  but just need straight forward evidence and how to write in a CUE Claim.
This is a case that Ms Carlie. would be good to help you with,.she was an expert with CUE'S  here on Hadit, Unfortunately Ms Carlie passed away in November 2015 she is missed. RIP Ms Carlie.....  she has post here on hadit you might want to check out in the CUE Forums.
As broncovet mention look up some past CUE Claims and see what you think?
After you file the  9 you will get further instructions  how to proceed. 
It looks like to me the Waco DRO should have seen these errors at your Hearing...he didn't so you can request another C&P on these contentions.
If you can I'd do that before filing CUE you will probably win and get this out of your life.
stress is no good girl!  CUE Claims are very stressful

Navy, give serious consideration to getting a Face To Face, Free Legal consult with a couple VA Appeal Lawyers. Your 70%, 20% of the possible Retro should interest them.
You don't actually have to sign with any of them, just get their input.  If they're  hot to sign you, you'll at least have an idea, of the strength of your case.
DIY is good but how much Stress and Anxiety can you, or do you want to handle. You seem to have a rather complicated Appeal situation. Might be time for a Professionals assistance.
Semper Fi
 
 
 

Lastly, if the Board of Veterans Apppeals fails to remand this to corrrect your records per 3.1579, then get your attorney to select from filing an appeal to the CAVC, or filing a writ of mandamus to compel compliance with 3.1579.  Give the attorney full documentation, including your letter, certified post office receipts, the date and who you spoke to in the directors office, notes on what their response was.  Document EVERYTHING.  
Remember:  Your testimony ALONG with documents, such as your letter and post office receipts of mailing is strong testimony you asked the VA to comply with 3.1579.  
You can also write a letter to the VAOIG, but dont do that until you have AT LEAST spoken to the director of your VAMC's office.  (His secretary will suffice).  

I don't think the FOI or the Director of VAMC will be able to Anmend/Correct the records? if they do its a new one on me.
 I had to go to the person that made the errors to make the amend/correction, however when you go ask these people to correct or make the amend  I agree with broncovet   get there names and get it documented that you tried to seek help from these people and was turn away   (if thats the case) they maybe able to help you?
 but I bet you get ''I'm sorry I am not qualified to make the correction'' Or Do That''
either way as long as you point out all these errors in your I9 then its on Record.
When the BVA sees them (ERRORS) Its anybodys guess if they will remand this back to RO and tell them to get this corrected ?
if you file CUE then in my opinion the BVA Will make a decision   if they can't  then its  Laywer up time and head to CAVC.
i think its in Navy4life best interest to seek an Attorney on this ASAP  b/c of the timeline.
jmo
...................Buck

I NEED MY FELLOW VETERANS TO LOOK AT THIS AND THE ATTACHED DOCUMENTS PLEASE
My only path is BVA at this point.  I sent my congressman and Robert McDonald emails letting them know.  What gets me and what is a "trigger" for Vet's like me with MH issues, is the fact that this DRO seems like he is "GOD" and plays with our lives in his hands.  If it wasn't for the Women's Coordinator in St. Petersburg VBA that I am personally friends with I would never have known I even had an SOC!  I still haven't received it and most likely won't because this idiot DRO put no SEAL on the cover and no DATE.  He submitted it to Evidence Intake though!  I have to wait for it to come to me via my connection through the VBA.  I am so floored at this guy.
ATTACHED are the documents to which was submitted for NOD and presented at informal DRO hearing.
Nexus letter from podiatrist
NOD denial letter
Timeline for NOD hearing
NOD evidence notes
DBQ ankle 7/2013
DBQ foot 7/2013
Medical opinion w/o exam 11/2014
My N&M evidence was the Nexus letter I had from my Podiatrist, see attached, redacted.  The original denial was based off some idiot medical opinion by a doctor who NEVER saw me.  See the portion of my original denial attached for my 5th Metatarsal Right Foot, Right Foot Sprain, and Left Toe Condition.  See attached my timeline I provided at the informal hearing to the DRO. The original C&P examiner made NO rationale but based his findings off my TWO DBQ's submitted by my private Podiatrist and here I sit DENIED and have to fight even harder for this! They are saying that my denials are worthy because that this injuries either never happened or I had an injury but no further treatment which is BS.  So much evidence to disprove this, especially the Nexus letter from my current podiatrist.  Keep in mind my 5th metatarsal fracture WAS NEVER mentioned in the medical opinion!
I am fortunate I have a very good paying job and can afford this mess!
Yes I had an informal hearing back in February 2016.  I really feel I was retaliated by the DRO when I emailed Robert McDonald asking for an update after 6 months of waiting.  There is another Veteran who I talked to personally over the past week and half that had DRO Steve Wilbur as well.  He had an attorney and was denied as well on the same day as me.
I am going to fill out the Form 9 once I get the SOC and have collected my thoughts.  I will post the SOC when I get it as well.
Nexus letter-redacted .pdf
NOD - Denial Letter .pdf
Timeline for NOD hearing.pdf
NOD evidence notes.pdf
DBQ ankle conditions_Redacted.pdf
DBQ foot conditions_Redacted.pdf
medical opinion w-o exam_Redacted.pdf

UPDATE - just got a call from my local congressman's office and he is asking me to sign a Privacy Act Form to step in on my behalf.  I know I am about to start WWIII with the WACO office so here goes nothing!
 

Not sure I am following you but my DRO informal hearing sucked A$$.  So regardless of having one I am still back at square one. My face to face was a bold face lie regarding the DRO.  I agree that having one is better than a review but still you should be sure you get an honest one at that!
I never needed or wanted IU.  I am fortunate enough to not need it and I am glad I don't b/c so many Vet's do need it and have to fight just to survive and live month to month.

I know there is a temptation to go after bad VA employees, and what they did wrong to you, but its better to focus your "Big 3"...Get it service connected, get a fair disability percentage rating, and get a good effective date, always in that order.  
I also know its tempting to call out a VA employee who lies to you.  But that employee has friends, and some of those friends probably owe some favors.    
The denial letter you got looks like its from the RO, a DRO review with SOC.  This is not a suprise, most DRO's are denied.   You need to proceed on by filing the I9, within 60 days.
In your I9 (appeal to the BVA), you should clearly and concisely explain how the denial is in error and, especially, how it is in conflict with the evidence.  Point out they used the wrong foot.  
The VA has a procedure for errors/inaccuracies in your records, dont try to fix these inaccuracies in your appeal, but use this instead:
1.579 Amendment of records. (a) Any individual may request amendment of any Department of Veterans Affairs recordpertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:
(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or
(2) Inform the individual of the Department of Veterans Affairs refusal to amend therecord in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.
(Authority: 5 U.S.C. 552a(d)(2)) (b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on therequest, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.
(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individualsresponsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requesterof the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.
(2) The following field officials are designated as responsible for the amendment ofrecords or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.
(Authority: 5 U.S.C. 552a(f)(4)) (c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))
(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c)of this section, the Department of Veterans Affairs will clearly note any part of the recordwhich is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)
  
 
If you are not in a good mental state, such as you are very angry, or, if you lack some advance (college level) writing skills, then you should get someone to help you write out the I9.    You should read what they wrote, and sign it if you agree.  
Even tho I do have a college degree and advanced level writing skills, like yourself, I became angry at the denials, and had to get some help in presenting my case concisely and clearly.  I typed up my NOD's and I9's and ran them by Alex Graham before I submitted them.  
We can do that here, also.  

To summarize:
1.  Get your records fixed.
2.  File the I9, timely even if you can not get the records fixed in time.  If the VA has not responded to your request to amend records, per 3.1579, then so state in your I9.     Later, if the VA does amend the records (or if they refuse), then submit that as new and material evidence, per 38 cfr 3.156.  
3.  Get help as you may be too emotionally involved in the outcome.  Even lawyers get lawyers.  "A lawyer who represents himself has a fool as a client.".  Alex could probably fix this mess for you, probably John Dorle could also, but you have a short time fuse, so file the I9 in 60 days no matter what, even if you have to amend it later.  

I agree with Bronco on this.  You want to focus on winning your claim.  If you lost at the DRO level you should proceed in a timely manner to file your BVA appeal.   Now if you were to get yourself a lawyer who knows  you might even be able to get a second DRO.  I did that with my CUE claim.  I was denied at the VARO level and had a DRO by myself where I was again denied which I expected.  Then I hired a lawyer and the VA was ready to talk to him and decide at the VARO level.  I went with my lawyer to another DRO Hearing and we were so close to getting the CUE, but higher ups put a halt to that I am sure because my CUE had big implications for about a million other vets regarding EED and the way evidence was handled before the 1990's.
So I say again to  do as Bronco has said and focus on your claim and file an appeal with BVA or  do both but hire a lawyer first.   How much potential retro and future compensation are we talking about if you win or lose?  Does the outcome of your claim have implications for other vets?  BVA decisions are not used as precedents as are Court of Veteran Appeals, but they do take time.  I would ask for a traveling Board BVA hearing.  If this decision is going to make the difference between a 100%/TDIU rating and staying at 70% then I would think hard about getting a lawyer.  They take their money out of the retro and you may have decent amount of retro because you filed your claims in 2012-13 and if you have to go to the BVA for a decision it will be 2017-18 before you get a decision.  Also the lawyer will be shaping your claim to go to Court of Vet Appeals.  If they are any good that is what they should be doing when they take your claim because the best thing a lawyer can do for you at  the BVA is to write a brief for you.  I have been there with a lawyer at St. Petersburg office and the BVA Hearing was just sort of an intake hearing so in this sense I have no idea what the hearing was supposed to do that just having the lawyer write a brief for you would not do, but the lawyers always want to go face-to-face and I don't blame them.  If you do hire a lawyer you must read the contract very closely. I would post it here at Hadit  so were can all evaluate the fees and see if they are fair.   I think they are supposed to take only 20% plus expenses if you win.  Some of these lawyers will try and make side deal with you to get more money by telling you they can win your claim but they need more money.  This is all BS.
 

broncovet
I understand what your meaning here about being careful to retaliate against VA Employees, but if she gets to the BVA and sees a judge  I think she should point out the DRO predetermine to deny her when in fact he said give it 60 days for a decision&MADE THAT DENIAL THAT DAY..that is a flat out flagrant  lie in my opinion and should be mention in this case. All  VA employees should be healed accountable.
Ironic  but I did this at a DRO Hearing about a VA C&P Examiner  making a pre determination on my case.
Yes I agree for her to file the I9 ASAP  & Request the amendment./ReQuest C-File ASAP/ReQuest Transcript of the DRO Hearing ASAP
gather evidence of record, even tho this was a non formal  DRO hearing there should be a transcript of the complete hearing , she should get that when she gets SOC...but I doubt it, just from what navy4 mention how the DRO sent off the SOC  without a date on it and only to the claims intake center & she never received one.(yet) The transcript should be in C-FILE.
With so many errors in this case and her case being under prosecution for so long  I think she can win at the BVA.
Those BVA judges don't like it when a DRO screws up  like this one has.
Hang in there Navy4life  I think you have a good chance here.  its just going to take a longer time now for the Appeals process to work.  and I believe the outcome will be in your favor
Alex Graham (asknod) is very busy but as broncovet mention I bet he can help you on this.
 broncovet,she talk with John Dorle on hadit radio show and has his email...Navy4life  if Alex is to busy right now to help you (IDK?) Email John Dorle  he will be glad to help you  and you can discuss his fees.
sorry to hear your having to go through this mess.
jmo
....................Buck