Dro Filibuster

[Dorothy Kansas]

I got my decision last week and my jaw dropped denied on all issues. The thing that makes this so funny was all my Drs thought I had good supporting evidence and medical opinions. This renegade DRO made a mockery out of the equipoise law by requesting opinions that had nothing to do with the issue. He twisted the words of one of my IMO's. Now he is requesting that I be reduced just to stop me from receiving SMC.

At what level can we bring an attorney in: this guy is an attorney with some medical training and I need some help.

[Guest Berta]

"This renegade DRO made a mockery out of the equipoise law by requesting opinions that had nothing to do with the issue."

Dorothy- did you get copies of those VA opinions?

I would get copies of them and then combat every single thing in them that you can -

is it possible that you can get your own IMO doctors to expand on their opinions?

I would send them a copy of whatever the decision said that seemed to ignore these positive opinions.

[Dorothy Kansas]

Berta-- yes, i have all of the medical evidence for and against. I showed one of my Doctors what was written by the renegade and he laughed and immediately countered with more proof. I had one good PFT and this guy wants to reduce even though I am on 02 continously. H e had a another Pulmonologist who has never examined me state I didn't need Oxygen. i had a over night test done and my oxygen level average was 83 without oxygen. My blood pressure shot up to 196/98 with pulse of 133 and I had excruiating chest pain. I am showing all of the Doctors my decision and let them decide how thery want to handle it. This ---hole even said I couldn't submit more evidence and that there was no one who could overturn his decision. his supervisors admits that if my case goes to the Bva it would be remanded. Can I request a Administrative review for grievious error

[Jay Johnson]

I would CUE it AND appeal it. I know many people here say you cannot CUE unless a decision has exhausted all appeals, but I have been told otherwise by several people inside of the Seattle RO and currently have my wife's claim in for DRO AND two seperate CUEs in as well.

I'm not claiming to be right on this issue, as my wife's claims have not gone through yet (only been a couple weeks), but the worst they can say is no and throw the CUEs in the trash, but, if I'm right, you can attack on two fronts and your claim will be able to go through another seperate person inside the RO.

[Guest Berta]

Berta-- yes, i have all of the medical evidence for and against. I showed one of my Doctors what was written by the renegade and he laughed and immediately countered with more proof. I had one good PFT and this guy wants to reduce even though I am on 02 continously. H e had a another Pulmonologist who has never examined me state I didn't need Oxygen. i had a over night test done and my oxygen level average was 83 without oxygen. My blood pressure shot up to 196/98 with pulse of 133 and I had excruiating chest pain. I am showing all of the Doctors my decision and let them decide how thery want to handle it. This ---hole even said I couldn't submit more evidence and that there was no one who could overturn his decision. his supervisors admits that if my case goes to the Bva it would be remanded. Can I request a Administrative review for grievious error

Dorothy- this DRO sounds power crazy-

You can request an Administratrive Review-

I did that years ago only so that I could find someone at VA who knew how to read-it worked-

Then again- he sounds like he is going against DRO guidelines-

I suggest that before considering an Admin review-(it has to be filed with VACO)

perhaps a service complaint via the Query page at the VA web site- Put Attention Director (or Manager) VARO on it-

or a letter to their director- stating what is going on and that might help get this resolved sooner than an Admin. Review-

If he thinks no one can overturn him- he is wrong-

Dont forget - I got a stupid wannabee DRO denial copy and paste decision overturned in days-what I mean is

I am now getting a real DRO review-after I complained to the DRO's boss- the VARO Manager and sent the VARO the DRO job description.

He cannot -as I understand the DRO procedure, even attempt to reduce your benefits.

I see in the DRO job description NOTHING that gives the VA the right not to accept new evidence.

Also- have you checked over 38 USC 5107 carefully-

when I emailed my service complaint I stated that my rights were violated by the DRO under 38 USC 5107 and I also stated how that violation occurred.I really raised hell.

Another thing I just thought of- when the supervisor said it would be remanded anyway by the BVA- there seems to be support there for your problem.

If the supervisor filed the Admin Review for you,in your behalf, that would be great.

Administrative Reviews are usually always requested by VARO employees- not by claimants-but in 1997 I said what the heck- I am dealing with illiterates at my VARO- lets see what happens if I file it.A VA lawyer called me about it within days.

I was in an unusal position however-VACO already knew of my claim-

If a service complaint or certified letter to this VAROs director (or manager) doesnt get results-

I will see what I can do as to helping you file the Administrative Review-

It is just that- it takes more time on the claim-when the people who can get this guy to do his job properly are right there at that VARO. If he is a vet-I wonder if he was like this in the military.

[john999]

I got a cut and paste DRO Review as well. I asked for a hearing and I got what I wanted in 20 minutes of face-to-face. The VA just makes work for themselves with these half-ass reviews. Their incompetence just hurts the veterans and increases the number of appeals.