Search the Community
Showing results for tags 'de novo'.
Found 3 results
My question is about De Novo Review and how the DRO reviews the evidence. In my DRO hearing I raised the several questions about the Denial of Compensation. Question 1) I addressed the DRO in asking how the VA could change the diagnosis from "Bilateral Patellofemoral Syndrome" to "Osteoarthritis"? Clearly I was Discharged with "Bilateral Patellofemoral Syndrome" under VA Code 5003-5099 Hearing Me: they're basing on traumatic arthritis...okay. I'm not 20 years old no more [sic]... patellofemoral syndrome has progressed from that on up and on up until now we've got an end result of osteoarthritis. DRO: Mm-hmm Me: So, the medical exam... everything's pointing... saying, well, we're denying you for the patellofemoral, but we're gonna give you arthritis. DRO: No, that's not... that's not the case. Me: Well, that's... DRO: (Inaudible)... Me: ...what it says right here. DRO: ...you're essentially service-connected for your knee condition, whether...you know...it's...it may be called different things, but essentially that is what you're service-connected for...is your knee condition. We can't...we don't...we can't evaluate it by splicing out different diagnoses or your...you know...involving your knee. We evaluate based on...like...what we discussed earlier...you know...your range of motion...instability...that kind of thing. Power of Attorney: They're saying that your patellofemoral syndrome has progressed to the point where there's osteoarthritis at this point and that's... that's what you have right now. Me: That's what I got right now... Power of Attorney: Right Me: ...but they're still not warranting...they're...they were denying the patellofemoral. Power of Attorney: Mmm. They're just saying it's...it's not patellofemoral... Me: Yeah. Power of Attorney: ...anymore it's...it's arthritis now. Me: Well, that's the word they used...they denied it. Power of Attorney: Oh, well, they shouldn't have said that. DRO: Yeah, and I'm...I'm not sure that that was a... you know...a completely accurate description in there, but... Me: Well, because...I mean... DRO: All right, do you have anything else? And then the DRO closes out by stating that this Appeal is only about the related evaluation of the knee condition. And if I wanted a earlier effective date I would have to file a Claim for it. My question is if it is a Review of Claim then why is the DRO only going to look at the evaluation and not the complete claim? I mean he is suppose to be bi-partisan and look at all evidence objectively. Should the DRO of looked at the whole Claim because it was a Reopened Claim ?
My file was stuck in appeals for over two years in San Diego, and they transferred it to Pittsburgh, since I am overseas. Any advice on preparing for the DRO Hearing, whenever I get one.
Hello again----- Just more of a question/input than anything, but would love to hear anyone's personal experience if you have dealt with Pittsburgh Appeal process. Try to make this short.... I developed an anxiety disorder while I was on active duty. I didn't apply for it on my initial claim in 2009 cause of the "stigma" (I know, silly on my part) However my generalized anxiety disorder got worse and worse, by this time I was on 3 times a day benzos, FMLA, seeing a psych at the VAMC as well as weekly sessions at the Women's Clinic... I applied for the anxiety claim in 2013, over a year later I was granted 10%. Due to moves and life changes, I put in my NOD (asking for a DRO De novo) I believed that having FMLA (missing more than a day or two of work a week due to panic attacks would constitute a higher rating??) My Appeal has been in since June 2015 (so just at a year...) Has anyone dealt with Pittsburgh in regards to appeals, especially a DRO De Novo? What was your wait time? What was your outcome? Someone told me they were working on 2012 and EARLIER appeals?!!! Thanks again for any input!!!