Gastone

Got the "Big Brown VA Award Envelope" 07/15! Almost the "Speed of Light." DRO Decision 6/27, Award letter 7/15. gotta be some sort of record. My VSO hearing rep and the Detroit DRO Dept are definitely on my 2014 Christmas card List. Semper Fi

PR: I agree, the 20% of retro plus costs, is a worthwhile investment regarding a knowledgeable VA Lawyer if there is a significant claim with a large retro award. Vets just have to remember, they need to do their homework. I don't know if having an attorney will necessarily get your claim processed faster. I know the VA supposedly cuts the VET more slack if he is "Pro Se" or represented by a VSO. I think the VA Adjudication regs referred to a non-adversarial relationship, when an attorney is not involved. With that said, I don't think I would dare proceed to the VBA, without a well vetted VA Attorney. Well before the DRO Hearing, I would hope that the Vet would avail himself of a couple free legal consultations.

Carlie: As I recall, I don't think I mentioned P&T during my "Informal Hearing." I think I automatically assumed, which you should never do, that the VA would want to have an open opportunity to reduce the award at a latter date. Much to my surprise, when I got a copy of the DRO's Award the following Monday, he stated under the Eligibility 38 USC Chapter 35, "total service-connected disability, permanent in nature, effective the date Individual Unemployability was established." I'll have to wait for the Official Notification letter, to confirm regarding "future Exams."

Opted for "informal DRO Hearing." No tape recording or transcription. DRO said we could go on record., record and transcription, at any time that I chose to do so. After approximately 30+ min. of back and forth, the DRO said he was granting my main NOD issue from 2010. And because we were doing an informal hearing, he would also address my TDIU NOD filed in 10/2011, if I was prepared to do so. I was, we did, I won! The DRO awarded TDIU back to my original PTSD filing date. Hearing was completed by 9:50am. My VSO called at 3:30 same day, to advise me, he already had the DRO Award Letter on his desk. It took a couple years to get my original NOD Hearing, but the wait was worth it. The work I did preparing, gave me the confidence to represent myself at the hearing. Saved me 20% of retro, for legal representation.

I think it depends on your age. I just had a successful DRO Hearing 6/27/14. 31/2 yrs since I filed my 1st NOD. 11 months of that was on me for procrastinating. Filed other claims and got myself to 90% since 09/2011. I talked to 2 VA Law outfits online and by phone. Both wanted me to cancel my NOD's and proceed to Court. One local attorney I met with, said I had strong case, stay with pending DRO Hearing. She was willing to accompany me to hearing or VA Court for the standard, 20% of Retro. I opted to go it alone. I think you have to decide, based on a couple of self-evaluations. If your in your late 60's and not confident in representing and pleading your case to a DRO hearing, 20% Retro for a Legal Eagle is cheap. However, if your young to middle age and willing to do the heavy lifting, why give up 20% of your retro ($18K+). I don't think any attorney can give you a guarantee on outcome or a Date specific Court Date. Just check the web for VBA cases that have been decided, I don't recall seeing any that were within a year or two of the initial appeal, but I could be wrong. I think you can get pushed to the head of the line if your dieing, but bar that, the wait is on. The DRO Hearing outcome can always be appealed and you can rethink the attorney route. Good Luck Semper Fi

A win is always better than a loss, right! Sounds like You have had SA for a good period of time. I've been SA SC as secondary to CAD since 2010. With that said, stay sharp, SA can cause CAD and Pulmonary Hypertension. Unless your Agent Orange, if you have to develop CAD or Pulmonary problems, better after a DX of SA. Both can be claimed as secondary and or aggravated by the SA. Merry Xmas in July Semper Fi

Hugh, did YOU, file your NOD requesting a "hearing" or did you use a VSO? Remember, to be a successful DRO Review, you MUST supply "NEW Evidence," that wasn't available to the Claims Rater at the time of the original denial. Otherwise, you'll get a rubber stamp denial again. You can supply this "New Evidence" before or at the time of the DRO Hearing. Be absolutely sure the VA has acknowledged your "DRO Hearing" request. A Nam Vet I meet with, recently got a "DRO Denial" notification letter. He never got the "DRO Hearing," that he had requested! As it turns out, he used a VSO, that only asked for a "DRO Review," no apparent request for a Hearing. The Vet failed to supply any "New Evidence" to the VA, he mistakenly thought he would wait until the "Official DRO Hearing." He cant appeal the DRO Decision, so he's stuck going to Court. That's probably, at best, another 2 years. Note: Like so many of us, he waited till the 11th month to file his NOD, then his back was to the wall. I think he filed his NOD over the phone to his VSO, never got a copy of NOD filing or subsequent, VA compliance documents and requests. The success or ultimate failure of your claim, is on YOU! Don't rely solely on anyone or organization, Trust but VERIFY! Good Luck Semper Fi

Hugh, what is "IMHO?" It's been my understanding of the NOD with request for DRO and Hearing has been supposedly faster than a standard BVA Court appeal, at least back to 2010, when I filed my 1st NOD with Request for DRO Hearing. As far as what's currently going on in the press, I don't know if or what effect it has. I do know that the DRO at my hearing was very apologetic regarding the length of time from my 1st NOD to this hearing. I have to admit, a big reason for the lag time, was on my initial involvement in my claim. 08/2008 filed with help of VSO, he did nothing after initial filing and neither did I. I really didn't get involved in my own claim until the 11th month after denial date of 1st claim. Stupid, ya I know. That being said, I have to take 1 year off the 1st NOD DRO Hearing because of my own procrastination. But I've been all in since. Once involved, I realized, it was all on me, to win or loose. I like to think, it was a combination of info from these Vet Sites and all my efforts, that resulted in my recent DRO Hearing Success Thanks for your interest and I wish you the best. It ain't LUCK, it's YOU and your effort that will determine the outcome> Semper Fi George.

DRO Hearing 6/27/14. Advised by DRO that it was a formal appeal hearing that would be recorded and transcribed. He stated it would take approx. 15 months for me to receive a copy of transcription. I advised him that I didn't know which of my 2 outstanding NOD Hearings were being addressed and that I had requested an "informal conference," within the past year. At that point, the DRO advised me that we could proceed with an "Informal Hearing" and would address both my pending NOD's, if I was prepared to address the 2nd NOD, which I was. Best move I could have made. After about 30 min. of back and forth, the DRO said he was granting my 2 NOD's Issues of primary concern. TDIU and SMC-K. Later that afternoon, my VSO called that he already had the DRO AWARD letter on his desk. SMC-K back to 2008 and TDIU 04/2011. Merry Xmas to me in July. Thanks for your input and support. Semper Fi George

Sorry, forgot to ask, did you use a VSO on your original claim and appeal? I did in 07/2008, have never heard from him nor the VVA since the original claim was filed. I now use a different Org. VSO, for consultation only, in regards to claims and appeals that I personally file. I will use the VSO DRO Hearing specialist, with either my informal conference or the actual NOD DRO Hearing.

Do you have a NOD Hearing or standard appeal regarding award date pending? I would approach this as NEW & Material Evidence. For a QUE claim, you might want a VET Lawyer consult. A Statement in Support of Claim and the medical document should do the trick. If your still at DRO level, you might consider requesting an "informal conference." Have you requested "FOIA" copy of your C-File. The "IF" in regards to your document, threw me off. Is the refered to Military Med Recd, the only one not in your C-File? Might be time, to make copies of everything you have in your possesion that helps your claim and forward it to the VA. I have 2 NOD herings pending from 2010 & 2012. Just recieved my C-File Jan 2014, hand delivered FOIA request to Det RO 09/2012. File had documents from 1975 thru 12/2012, nothing for the entire 2013 period. Before filing a "QUE" claim, you might consider a consult, with a VET Lawyer. Good Luck

90% SC 70-ptsd, 50-SA csecondary to CAD-30. tinnitus-10. It appears your TDIU 100%. If your not yet 70+, your TDIU is always at risk. With TDIU, your earned income is always a problem if for some reason, it rises above poverty level. I believe if you have a medical condition that can be claimed as secondary to a SC condition, claim it. I lucked out with a Sleep specialist Neurologist that said my Mixed SA was as likely as not caused by my SC CAD. I believe the key was the DX for CAD with by-pass x 4 wasin 2006. Mixed SA DX'd 2010. I probably had SA for as many years as I had the CAD developing. I've just been DX'd with mild Pulmonary Hypertension as of 01/2014. PH can be, and is quite often caused by sleep apnea. My claim as secondary to SA, is already in. I have been a 100% compliant BIPAP user since being DX'd 2010. Been thru 5 masks until finding most comfortable. Get with the VAH SA staff and get the right mask for you. No reason to DIE before you have to!! SLEEP APNEA IS A KILLER!! + ++ + + + + ++ ++ + + + + + + + + + + + + + + ++ + + + + + + + + +

Thanks for the input. I think that all Compensation based dealing with the VA should be viewed as adversarial. I will definately approach the "IC," if granted, from that perspective. My reading from M21-1MR regarding DRO IC appear to indicate that the IC is a tool that the DRO can use to to "fine tune" the appeal and to advise the appellant of any additional evidence needed to perfect the claim. I don't recall any mention of the IC taking the place of, or illiminating the DRO Hearing requested with the original NOD filing. At this point, I prefer to trust the new evedence I have submitted, will close the deal. My understanding is, if you don't prevail at the DRO hearing level, court is next. At this point, I think Vets are waiting in excess of a year or 2 for court date. As for the VA employees (raters and DRO's) not following 38 CFR 3 regs on adjudication of appeals, I can't believe they would set themselves up for a CUE. A Nam Vet that I went school with just told me he got his Retro check from an appeal started 2005 for throat cancer. Used VVA on original claim. Never heard from them again after claim denial. Filed his own NOD and opted to go to court. He didn't know about the DRO Hearing option. Of the 4, VA Accredited attorneys I've spoken with, 3 have stated that the DRO Hearing is always the best way to go. The 4th was an online outfit that wanted me to sign up right then and to immediately cancel my DRO request.

2 NOD DRO Hearings pending, 2010 and TDIU 2012. Has anybody had any success determining the number of DRO hearings pending and the avg wait time in given VARO's? I've checked new and old Monday Morning Reports and haven't been able to get the DRO data. The VSO's on the same floor as the VA don't seem to be able to give any type of definative answer. I have to believe that the information is available in some VA report, I just can't find it. Any suggestions would be appreciated. Semper Fi

Regarding my decision to officially request an "Informal Conference" for each of my pending DRO review hearings. Needless to say, I have spent quite a bit of time researching and reviewing the DRO review in the Comp Appeal process. I realize that by my requesting the "IC" with the DRO team, I may be adding some extra time to finally getting the official review. As we all have become increasly aware of, it is almost impossible to determine exactly when a Vet's DRO Hearing will take place. The best I've been able to determine, is both of my appeals have reached numerous "Diary Dates", with no further info available from VA or VSO at the VRO in Detroit. I understand that a Vet could file a "Writ of Mandamus" and try to push the VA. After reading about the DRO and the claimant being able to use the "IC" per M21-1MR,Part I,Chapter 5 Section C, I made the decision to make written requests for "IC" on my 2 Appeals. I discussed my decision with a VSO that I use on occasion. I started the discussion by asking him what he new about "IC's," and the pro and cons. Time will tell and I'll tell you the outcome.

2 NOD filed with DRO hearing requested and pending, 2010 and 2011. While reviewing DRO instructions in 38 CFR, I came across the "Informal conference" section. I have as of 4/12/14 requested that I be allowed an Infromal conference prior to the DRO Hearings. Anybody with "Informal Conference" experience?

I hand delivered my request, to view and get a complete copy of my C-File and a copy of my VA Vocational Rehab file at the Detroit RO 09/2012. Note: I had appeals and claims pending, dating back to 2009. I was never contacted regarding personally seeing my C-File. E-Ben site just showed still processing. I finally recieved a 6-8in thick UPS package, 01/15/2014. No documents, DBQ's or any correspondence from all of 2013 in package. I did get my Voc Rehab file and that of another vet, including all of his personal info, SS# etc. Now, I know some would advise against requesting your C-File, if you have claims and appeals pending. I took that into consideration. I decided to take the chance and was able to get additional evidence prepared that I was SURE was already in my file. According to the VSO that I'm going to use for my DRO Hearings, it hasn't appeared to have affected the Diary Date on my 1st hearing. Only time will tell.

If you get the CAD and or PTSD awards, get with the Sleep Clinic via a referral from your VA Primary care Dr. If you have over a 17in neck, good chance you have SA. If CAD or PTSD diagnosed before SA. Good chance to get secondary or aggravated by CAD or PTSD. I lucked out, NAM Vet CAD 2008, SA nexsus CAD 2010. SA needing CPAP or BIPAP RATES @ 50% SC. GOOD LUCK. SEMPER FI

I think if you research VA TDIU ADJUDICATING procedures, you will find Selfemployment discussed in detail. Once you are awarded TDIU any and all (earned income) will be looked at in regards to you, being (Gainfully EMPLOYED). Self-emplyment income (sheltered Employment) is supposed to be viewed differently than earned income from a regular job. You don't have to inform the VA of your self-employment intentions. If you can only work part-time due to your SC conditions and your net earned income is less than the Federal Poverty Income amount for 1 person, you shouldn't have a problem. I would advise you to apply nonlinear via EBenifits for Vocational Rehab Counseling. A letter stating you are not elegible for the program due to your SC's, to include Sedintary work, is great evidence for your C-File. Good Luck-Semper Fi

Just because your at 60% SC and about to be unemployed, proving TDIU per 38 CFR 4, is necessary! How much money have you been making? IF over 2014 Poverty level for 1 person ($11,???.00), you have to show why you won't be able to earn over poverty level in the future. I advise you research the TDIU rating and evidence requirements over a couple of days. Then go on your VA E BENIFITS web site. Start a new compensation claim onllne. You have up to 1 year to complete the application, but the date you start the nonlinear claim, is your claim date for retro pay. Apply for VA Vocational Rehab, a letter from the VA VocRehab counselar say your not eligible due to your SC conditions and unable to do "SEDENTARY " WORK, WILL BE ONE of the most important pieces of evidence for your TDIU claim.

Don't WAIT!!!!! Go on your E Benefit site, start an online application for Comp Beeifits NOW! As soon as you start the app, you lock in that filing date. You have up to 1 year from that date to complete the application. As to if your elegible for TDIU, read the 38 CFR 4 requirements, then reread. If your 60% SC on 1 condition and your income is at or below the US Census Poverty level, (2013-$11,173 age 65+), you should be good to go. You are also elegible for VA Vocational Rehab. I recommend that you also fill out an online app for Voc Rehab. A letter from the Voc Rehab Dept, indicating that due to your service connected disabilites, you are not elegilble for the program, is of great help in getting TDIU. It also sets you up for assistance with quality of life issues. Don't wait for the SSDI determination, if you get it, fine. You can add it to your claim at a later date. Just remember. the VA and SS look at total disability differently. If the VA thinks you could do a sedentary job, you have a problem. The Vocational Rehab determination would put that problem to rest. Good Luck

No to ssdi, all stated income was from Part-time selfemployment. I have spoken to experienced VA Appeals attorney and been assured that I will evenually prevail on appeal. The key is in 38CFR 4 regarding marginal income as it is considered in a sheltered employment situation such as, self employment. The clock ticks on!

I have 2 points of concern regarding your 70% PTSD rating. Somewhere in your rating decision, deferred TDIU, should have been stated. If your not or can't work due tou your 70% rating, I hope you filed a claim for TDIU. This claim is time sensitive. The fact that your rated at 70% indicates problems associated with work and people, including family, in general. Talk to your VSO regarding TDIU. Now for your Psychologist concerns. I meet with 6-8 fellow PTSD Nam vets, that I attended VA PTSD group sessions with, over a 2 yr period. The general concensus is, the clinicians wanted to help us, and to a certain extent they did. We all still have severe PTSD, but we now understand the whats and whys of our conditions and problems. In order for your 70% to be reduced, your medical records would have to show marked improvement. Check 38 CFR 4 PTSD ratings. You will note those additional problems in the 70% over the 50% rating. When you meet with your clinician, be honest, don't say your good, if your not. If the clinician thinks your doing better than what you actually are, based on a weekly or monthly session, you could have a future rating problem. Check your MY Healthy Vet site and download your treatment records, specifically clinician treatment notes. You need to know if your mental health clinician decides that all of a sudden there is marked improvemnt and indicates a major change in your GAF Score, say from 52 to 64. Good Luck, FILE for TDIU if applicable, stay informed. Semper Fi

09/2012 denial, inferred TDIU claim (08/2011) denied due to $14,400.00 income from part time, (2-3hrs per day) self-employment income. No discussion in denial decision regarding self-emplolyment income consideration or sheltered employment consideration. . SC 90%. PTSD 70%, Sleep Appnia 50%, CAD 30%, Tinnitus 10%. NOD filed 09/2012 DRO with hearing requested. Pending, no status as of 2/23/14. Specificaly refered to section of 38 CFR 4 relating to income from self-employment, sheltered employment and income of diabled veteran compared to non disabled individual in veterans community with comparable employment. Supplied copy of VA Vocational Rehab determination letter 10/2012, ineligable for Voc Rehab due to severity of my SC conditions.

age and how long rated 100% SC are important. Check your heart condition ratings in 38 CFR under heart condition ratings. Best wishes Brother! Note: Remember, if you get a VA letter advising you of a change in your rating, you have to be prepaired to move fast. I think you have 60 days to file NOD. Get a free consult from an approved VA Claims and Appeals Attorney. You certainly don't need the additional stress of worrying about to comp reduction.