Navy4life

Broncovet said:
"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." I agree but also asking them to CUE the SOC might work too.
It looked to me that they might have listed the SMRs as evidence but completely overlooked any SMR entrees. 
The CUE would be a violation of 38 CFR 4.6. You could attach copies of the SMRs with the probative parts highlighted with a magic marker, to support the CUE claim.
 

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.

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.

Okay everyone, I have been MIA for a few days to try and collect myself.  I received a call from my Women's advocate at the local VA who can see my file.  I am beyond upset and just deflated.  The DRO Steve Wilbur held true to his reputation.  He called me on August 18th, 2016 to tell me he was going to decide my NOD within the week, but he actually lied to me because he decided it that day.....DENIED!!!  To further more upset me, my claim has so many errors from the beginning of the original decision to today's decision.  We went over everything on the phone and we found so many errors.  I am going to wait for the SOC so that I get the Form 9.  At first I said "F" it and I was going to give up and just apply for my right foot secondary to my left ankle but I thought about it and the more and more I did, the more and more I got so pissed off!  
Over the weekend another Veteran and I spoke on the phone.  He too had the same DRO, Steve Wilbur and was denied on the same day as me.  The other interesting thing....my boyfriend received his SOC in the mail for his denial on the same day and guess who was the DRO????  Yep, Steve Wilbur....
Apparently Steve Wilbur has a very bad reputation in WACO.  I was told by this veteran that his attorney is heading there today to raise hell over this situation.  I emailed Robert McDonald for what it is worth too.  Both of us had solid evidence to overturn the original decisions.  I feel we were both retaliated due to the fact that we emailed Robert McDonald a few weeks ago for an update.  This is devastating and now I have years of waiting because of Steve Wilbur.
When I was on the phone with my rep at the VA, she was reviewing the notes and Steve Wilbur has so many mistakes noted on my SOC.  One issue is the fact that my original C&P exam from July 2013, the examiner gave NO RATIONALE, however several months later, a medical opinion was given by a doctor who NEVER saw me but rather took a quick glance of my documents and denied me even after the fact that the examiner from the C&P exam noted both my DBQ's from my podiatrist and stated my injuries were in-service.  Furthermore, I had the letter from my current podiatrist stating all my injuries were in-service.
So disappointed but I will continue to fight this!

I want the BVA to decided!  I am hoping the BVA remands for a C&P exam too.  If it goes back to the RO, I will cry.  I am not sure if I should mention my issues with the DRO Steve Wilbur but I would think that is unfair to have him review it yet again!  Yes he was the one that sat in for me because the original DRO was sick.  Even my DAV rep said he was no good and so did the Veteran I have been talking with.  His reputation is horrible there.  The Vet I spoke to said his attorney has a 100% success rate against Steve Wilbur and his decisions being overturned.
UGH....

Wow Navy4life
I'n supprised as you are, but typical of the damn VA, if you can post the reasons & bases they sent you on this denial ''What We Decided'...or for all the denials  if its in the letter you get or should get soon!
SOC ,File your 9 FORM ...after we see the reasons and bases  hadit members can help you with this better!
You can beat this  usually for the better, when a DRO MAKES ERRORS THERE IS NO EXCUSES FOR THAT AT THAT LEVEL.  when errors have been made especially medical errors  it usually is in the veterans best interest  if you can prove those errors and I bet ya can.
 hang in there just will take more time now...I went back and looked in my c-file and my DRO  Name was Gary Hughes..he was very good and understanding  but he went strictly on my new & matreial evidence (IMO) and my lay statements  he kept his word  when he said ''I'll get ya fixed up''  and gave me a thumbs up  >I hope he is still there in Waco
Hopefully your email to Bob Will help out on this.
sorry you were denied after all you been through...all I can say is hang in there and we here at hadit can help you. We need to see why they denied you.

I am sorry but why would you "coach" on here and tell Vet's this BS?   You sound sour and I am sorry but what you are preaching here is just WRONG!!!

Yes, traveling, especially for pleasure, does wonders for the heart and soul.

I just hope it's a positive outcome and he does it like he said and decides it by the week as promised!  Oh what a long week this will be.  But at least I am traveling next week so it will take my mind off....
I hope we all get what we deserve and that's justice for all of us!!! 

I'm excited for you too, the more of you that win, the better for all of us.  And that's pretty darn exciting, to think another Vet is finally getting their due.
 

Buck;
I always update my address and in fact the DRO verified my address as well while on the phone LOL
I am glad you are excited for me!!!

Well I still have to hope for a good outcome!

Navy4life
you may have already did this but I'll remind ya
If you moved to Florida be sure and change your address not only with the Post Office but when you get settled in  go to your new VAMC and Give them your new Address ,  and you might check with VBA and ask them for a change of Address form it looks a little different from the Post Office one...Thats what I did  and just let all the VA Know about your new change of Address.
I can't wait for you to get your decision   I think I maybe as excited as you are...LoL
 
Hope you hear something positive soon.
........................Buck

I haven't received a reply either but action.  I am sorry you haven't had any luck with them.  I know that someone in his office is working for us b/c I am proof of that!

***UPDATE***
I WANT TO THANK THE MEMBERS ON THIS FORUM, so many of you!  The show last week was great.  I got to get on the Hadit talk show and talked to great people!  I was advised by the guest speak John to email Mr. McDonald.....
So once again contacting Robert McDonald's office via email worked once again.  My DRO that heard my NOD in February called me just now.  He indicated that he received my request for an update and that he would be reviewing the case and making a decision within the week!  He went on to tell me that if it is a full grant, then I will receive a letter stating that and nothing else to do.  If there is a partial or full denial I will receive an SOC and Form 9 and that I have 60 days to appeal the decision.  Since I now live in Florida, I would have the option of a video hearing or travel board hearing in Miami.  I asked him if he had all my evidence I submitted to include my binder and he said yes.
 
NOW I am so freaking nervous!!!

OH, it's not that, I know someone somewhere is....behind the green curtain.  Maybe one day it will be my turn.

I haven't received a reply either but action.  I am sorry you haven't had any luck with them.  I know that someone in his office is working for us b/c I am proof of that!

Well then you would be blinded by looks then LOL

Based on the above there is no way to tell you.  The C&P exam is taken into factor as is all your other evidence.

Yes I hear that.
I would file for everything I could that happen to me while in military that causes me pain & to be disabled today, the only reason I am thinking bout not to file or to file for my VA dx Sleep Apnea is that I already have a high rating and way over the 100% with SMC-S, my only reason to file for S.A. would be to get it Service Connected ...secondary to my PTSD.
But in my opinion that would take a nexus from a specialist & probably long appeals.
filing a claim is not about the $ after you reach 100%P&T  its for other reasons  such as it helps sometimes to have a higher ratings other than 100%  in case the VA gets a wild hair and  throws a proposal to reduce your ratings , b/c from out of the blue they think your S.C. Disabilities have improved , other reasons would make it easier for your spouse to get DIC if you died from that particular Disability...and the biggie  your entitled to file on those disability's.
My advice to any veteran is to file for any disability you have today that was caused from your military service...you earned that right by serving your country. 
Also if you get a 100% rating P&T you should file for SSDI,   VA compensation at the 100% with dependent and SSDI makes for a modest income  unless your making 6 Figure income.
and for some 100% rating a veteran can still work and make up to so much  I forget how much  but still not a bad income.

I got on the show Buck!  Thank you so much!  They actually thought I was you with the area code "972" LOL
I got to talk to John Dorie and others about my situation.  They advised me to email Robert McDonald which I did.  I explained that the DRO specifically told me 60 days for a decision and I am going on 6 months.  Fingers cross I get my decision.

Navy4 life 
If you see this in time and you have the time
You should call the hadit radio show tonight at 6:00 pm central   or 7:00pm eastern time
A great Veterans Accredited service officer will be the guest to answer questions and give precious advice
he works with Dr C Bass  his name is John Dorle,  tell him what the VA is doing to you about giving you the run -around  he can let you know what to do....>  he pretty sharp
the number to call in is 347-237-4819  then hit 1  wait a few seconda and Jerrel will answer you
Have pen & paper ready for notes  numbers and forms # just in case.
 
Also you probably already know this
Once the appeal issues are ready for decision (RFD), ideally, NODs should be worked from the oldest pending to the newest received, with the exception of priorities, which include Homeless Veterans, Seriously Injured/Wounded Veterans, Congressional Inquiries, and Financial Hardship cases, etc.  Priorities are worked before all other pending claims.
This also means that a Veteran who has filed multiple NODs over time, may only receive a decision concerning his oldest pending NOD, while the issues contained in his other “younger” NODs remain pending.
The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, we must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).
Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.
 
...............Buck

Hey Navy4life,
Once a claim becomes SC, secondary claims can be filed, even if the SC condition is itself a secondary SC issue.
Having hemorrhoids in-service could result in direct SC or as secondary SC to your existing IBS. I guess it would be up to the C&P examiner to decide which one. I don't think you have anything to lose.
I hope this helps.

Navy4life
you should have been contacted by now & you have waited long enough.
I would recommend you email VA Secretary  Bob McDonald  or someone at his office , maybe the new ''under secretary'' Let them know what all is going on with your Claim  with the facts /dates ect,,ect,,,..and what the DRO Mention to you about the timeline on his decision.
(keep the email short as you can but be somewhat detailed)...if we let things like this just pass by waiting to hear  it could take years.
I solely believe our claims /and even decisions gets lost on someone's desk and just shuffled off to the side...simply b/c the Idiot clerks don't know what to do and afraid to ask.
By contacting the higher-ups ( so-to speak) maybe then that will get the Ball rolling.
Everyone I know of that contacted the ''higher-ups Got fast results.
all it takes is one email from the secretary of VA or someone from his office.
jmo
.........................Buck

I would add to this thread that you should also do a background check on any attorney.  I am a paralegal by trade and I know that you can get "bad" attorney's.  Check with the ABA (American Bar Association) for any complaints, law suits, or anything regarding an attorney you are considering hiring.  Attorney's are notorious for "taking your money" and billing and billing...At least some of them.
There is a great old joke out there...you are locked in a room with a tiger, bear, and an attorney but you only have two bullets so who do you shoot?  The attorney TWICE! LOL
Have a great Sunday!!!