Navy4life

Black;
11A. You need to add the % of what you feel you should receive for the contention.  For example, if you feel the PTSD should be 50%, put 50%.  Based on your C&P exam it looks to be at least 30% so I would put a range in there.  It's not set in stone but what you think it should be.
11A. Omit the second PTSD and simply put ONE PTSD contention - service connection - % you are seeking.
For 12A. - I would state EXACTLY what you are claiming and requesting.  Elaborate on the fact that you received N&M evidence after the decision was finalized and that you respectfully request a DRO to review the entire claim as "De Novo" - latin for "from the beginning" Further explain you are in treatment for PTSD and have been diagnosed for PTSD, there are records to substantiate your claim.  I would supply the C&P exam you had in April 201 even though it's in the system and state that you are attaching it for their review.  I would reiterate that you respectfully request a DRO review hearing.  
When I filed my NOD I simply stated about three paragraphs making my point but not going into great detail.  The NOD is not the form or place to do that but some disagree with me.  I had my opportunity at my hearing to provide EVERYTHING I needed to provide to the DRO hearing officer.
Keep in mind you are now in a waiting line that can be months to years.  My NOD was filed in November 2014 and I had my DRO hearing in February 2016 and still awaiting the decision.  Get a good hobby!
 

The only issue I had was the fact that my DRO was out suck so another DRO did the hearing for him. But he indicated at least 60 days to review. I don't think the general counsel is involved. I'm at the VA again today so if I have time I'll go see the DAV. 
Thanks!

Can you explain that to me?  I thought DRO's were in a position to make a decision??

My NOD is for right foot/right ankle and left toe. Original clam 2013. NOD filed 2014. DRO hearing February 2016. If it gets approved it could be in the upwards of $9000 to $20000. It depends on % awarded and if they go back to 2013. 
I have a pending decision date out for September 2016. 

So how do I get to the DRO to ask him?

Okay update. Called Waco DAV and talked to my rep. She called over to the DRO and spoke to him. The one that did my DRO hearing. He said he is back logged and it's 6-12 months for a decision from date of hearing. While I except that what makes me upset is he said give him 60 days. So with that being said I'll leave the DRO decision alone and concentrate on my upcoming surgery. 
I was told to file the FDC the week of surgery.  All I need to provide is the letter from the doctor indicating my convalescence leave time frame. I'll submit that with the FDC and hope to be once again victorious. 

Thank you all for the kind words. 
X-rays for new injured were negative but I need revision surgery on my right foot and left toe. It's scheduled for 8/5/16 and it will put me out for 2-4 months. The bone graft didn't unite the bone so they need to go in and see what they can do. The screws in my toe is growing into the bone and they need to remove them. UGH!!!
i have physical therapy today and MH therapy tomorrow. I don't want to relapse with my eating disorder so I need to stay strong!!!

Okay update. Called Waco DAV and talked to my rep. She called over to the DRO and spoke to him. The one that did my DRO hearing. He said he is back logged and it's 6-12 months for a decision from date of hearing. While I except that what makes me upset is he said give him 60 days. So with that being said I'll leave the DRO decision alone and concentrate on my upcoming surgery. 
I was told to file the FDC the week of surgery.  All I need to provide is the letter from the doctor indicating my convalescence leave time frame. I'll submit that with the FDC and hope to be once again victorious. 

Jfrei,
Allow me to discuss OGC for the others. Throwing out that term will confuse them if they are unfamiliar with it.  OGC stands for the Office of General Counsel. They have many functions and each is assigned a designator to route inquiries. When a VARO has a quandary about a legal question that is unique and never been encountered, they send it to OGC (021). That working group of lawyers crafts a VA OGC Precedent Opinion to cover it if necessary. When you appeal to the CAVC from a BVA decision denying you, the litigators in (027) are the ones who defend the VA's good name. If you are seeking to become a VA non attorney practitioner, you apply to (022D) branch handling attorney certification. OGC rarely, if ever, would be involved in your claim nor would the VARO personnel ever reach out to OGC. When your appeal is certified and the c-file is transmitted to DC, it goes to the BVA which is (014) but that is the only time it enters the OGC realm absent an appeal to the CAVC.
I recently put up a controversial post about finding out who your rater or DRO was. This is a classic example of utilizing it to find the author if you wish to speak to them and discuss the progress or expected completion date. Remember, do not let the tail wag the dog. The VA is your Agency. It was created by Congress for you, the Veteran. It is beholden to you for its livelihood.  You have every right to know what is afoot. Raters are not permitted to sign their decisions but they are identified by their initials. This allows us to find them and ask questions if we want to. 
 VA has gradually isolated their personnel behind concertina wire and access to individuals is increasiingly limited. However, you always have the right to walk in and cold call them. I find it refreshing to call them out and ask piercing questions about the process/progress. Eventually, they figure out you weren't born last night and become more amenable to talking about these things. I look forward to doing this more frequently when I get my agent status. 
Best of luck N4L. Don't forget to ask for your 100% convalescent rating for time after surgery.
 

Navy4life, I am sorry to hear about your fall, and I hope you receive a DRO decision very quickly!! You definitely want to let your RO know that you will have to have additional surgery on your foot, so that they can extend your temp 100% rating for convalescence!! Don't worry about the General Counsel question, your DRO should definitely be able to make a decision on your NOD, JFREI if I remember correctly had a very complex claim with a lot of complicated legal questions, which is why it had to go to General Counsel, and I am glad that he was successful in that claim through dedication and perseverance! Navy, I pray that you will get a great decision, keep your head up, we are all behind you 100%, and hope you receive a great decision and feel better soon!!

Well good afternoon my fellow Vet's!!!
I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight.  I was told that it could be weeks to months to up to a year for the decision.  What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling?  It's so frustrating!  I am going on 3 years since my initial claim and almost 2 years since I filed my NOD.  I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's!
Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve.  I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016.  I filed that my left ankle was the cause of my right foot injury.  I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury.  Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014.  My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty.  But here I sit awaiting the NOD decision.
Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg.  I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together.  The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other.  Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again!  It's my right foot so I can't drive and it's frustrating!  On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that!
I literally just got back on my feet and was feeling okay!  My feet/ankles SUCK!  I feel so depressed!
I just want to cry!
I will update you with my X-ray findings but I needed to VENT!!!
 

If your able to ask him what the hold up is. Maybe he will just tell you he is currently working it favorable. Mine told me she had to deny but helped my appeal get certified quickly. All depends on his mood and if  you have the evidence.

My NOD is for right foot/right ankle and left toe. Original clam 2013. NOD filed 2014. DRO hearing February 2016. If it gets approved it could be in the upwards of $9000 to $20000. It depends on % awarded and if they go back to 2013. 
I have a pending decision date out for September 2016. 

What was the issue at hand if you don't mind? I had to get my S/C issue resolved at the bva since the retro was over 25k.

Mine explained to me that she couldn't grant it at her level but she helped  get claim certified to the board quicker. 

Did the DRO have to submit anything into the office of general counsel? Are you able to visit your RO and ask in person? 

Sorry to hear you are having a difficult time N4L.  Hope things improve quickly and your wait ends with good news.

@Navy4life I've been following your threads for awhile now and feel the need to give my sympathy for your situation. It seems as though, every time you'd get your head above water...something tries to pull you down. Well, I would like to say, keep treading the water with your head held high, and take deep breaths and continue to move forward. I really hope the best for you and do whatever it is that will help your situation. You've come too far to look back now. Good luck in everything!

Of course, I cant do much about hurrying up your decision, but you might consider one of those scooters if you are at risk falling when walking.  
I think VA will pay for one if justified.  

It's your call but I would actually do both.  I just don't trust the mail!  I have always either uploaded on Ebennies or taken it directly to the DAV rep I use....JMHO

It's your call but I would actually do both.  I just don't trust the mail!  I have always either uploaded on Ebennies or taken it directly to the DAV rep I use....JMHO

It's your call but I would actually do both.  I just don't trust the mail!  I have always either uploaded on Ebennies or taken it directly to the DAV rep I use....JMHO

Black;
11A. You need to add the % of what you feel you should receive for the contention.  For example, if you feel the PTSD should be 50%, put 50%.  Based on your C&P exam it looks to be at least 30% so I would put a range in there.  It's not set in stone but what you think it should be.
11A. Omit the second PTSD and simply put ONE PTSD contention - service connection - % you are seeking.
For 12A. - I would state EXACTLY what you are claiming and requesting.  Elaborate on the fact that you received N&M evidence after the decision was finalized and that you respectfully request a DRO to review the entire claim as "De Novo" - latin for "from the beginning" Further explain you are in treatment for PTSD and have been diagnosed for PTSD, there are records to substantiate your claim.  I would supply the C&P exam you had in April 201 even though it's in the system and state that you are attaching it for their review.  I would reiterate that you respectfully request a DRO review hearing.  
When I filed my NOD I simply stated about three paragraphs making my point but not going into great detail.  The NOD is not the form or place to do that but some disagree with me.  I had my opportunity at my hearing to provide EVERYTHING I needed to provide to the DRO hearing officer.
Keep in mind you are now in a waiting line that can be months to years.  My NOD was filed in November 2014 and I had my DRO hearing in February 2016 and still awaiting the decision.  Get a good hobby!
 

It's your call but I would actually do both.  I just don't trust the mail!  I have always either uploaded on Ebennies or taken it directly to the DAV rep I use....JMHO

Black;
11A. You need to add the % of what you feel you should receive for the contention.  For example, if you feel the PTSD should be 50%, put 50%.  Based on your C&P exam it looks to be at least 30% so I would put a range in there.  It's not set in stone but what you think it should be.
11A. Omit the second PTSD and simply put ONE PTSD contention - service connection - % you are seeking.
For 12A. - I would state EXACTLY what you are claiming and requesting.  Elaborate on the fact that you received N&M evidence after the decision was finalized and that you respectfully request a DRO to review the entire claim as "De Novo" - latin for "from the beginning" Further explain you are in treatment for PTSD and have been diagnosed for PTSD, there are records to substantiate your claim.  I would supply the C&P exam you had in April 201 even though it's in the system and state that you are attaching it for their review.  I would reiterate that you respectfully request a DRO review hearing.  
When I filed my NOD I simply stated about three paragraphs making my point but not going into great detail.  The NOD is not the form or place to do that but some disagree with me.  I had my opportunity at my hearing to provide EVERYTHING I needed to provide to the DRO hearing officer.
Keep in mind you are now in a waiting line that can be months to years.  My NOD was filed in November 2014 and I had my DRO hearing in February 2016 and still awaiting the decision.  Get a good hobby!