Dro Info Needed

[Christopher]

According to An IRIS response my case is with the DRO being reviewed because I elected that route.

Several days later I received the election form asking me to choose between the DRO process or the traditional appeal process?

I promptly selected DRO again and mailed it back via certified return receipt. They received it the next morning.

I waited several days and called the 1-800 #..the woman on the line was better than most..and she said that my file is not with the DRO it is in a filing cabinet?

The above mentioned IRIS also stated that the DRO would not release my file for the copying of my complete C-File that I requested in writing?

I suspect that my ex-POA was keeping me out of the loop..which is one of the reasons I cut him loose.

Any insight would be appreciated cause I am confused.

I sent another IRIS yesterday tactfully asking for an explanation as to what is really going on.

I thought that once I didn't have a representative that the DRO had to go through me?

[Berta]

That is what I understand to-

a DRO has to contact the claimant if they do not have a POA-if needed to clarify any issue.

My POA revoked my Poa illegally when I responded to a VCAA letter-

I named 3 vet reps as well as the Director of NYSDVA in a complaint to General Counsel-

also stating that their revocation was illegal under 38 USC 20.608.

The GC has to give them an opportunity to respond to my charges.

It all goes back to a bizarre DRO conference my POA had with a DRO-in 2005 and lack of prosecute of my claims back to 2003.

What he (the POA) told me had happened in this conference was not borne out at all by the SOC that followed.

My claims are with a different DRO now and I gave them my phone number and email addy- to contact me if needed.

At least I feel assured that -without the POA now- my medical evidence will not suddenly become mysteriously removed from the c file.

The DRO's job description is:

http://72.14.205.104/search?q=cache:3nC0w-...us&ie=UTF-8

"Based on evidence gathered, the DRO

upholds or overturns the original decision

works with the appellant and his/her representative to

focus the issue, and

fully explain the decision in an effort to resolve the appellant’s disagreement, and

begins to prepare the appeal for BVA review by sending an SOC, unless there is a full grant of benefits. "

Without a POA -they are supposed to contact you directly- if needed- to resolve your claim.

I knew the rep who had this conference with the DRO in 2005 for almost 20 years.The conference came as a result of a prior denovo review that I asked the VA to CUE.

My medical evidence was withheld from the DRO at this conference-by this rep-

I cannot fathom why-the rep took it from the c file prior to the conference and apparently lost it all.

I should have filed a OGC complaint on them a long time ago but I felt this rep had enough experience to be able to handle this DRO conference. I should have handled it myself.

If you have sent enough medical evidence and have a thoroughly established nexus -the DRO could make a favorable decision without even contacting you.

I dont undersdtand why the VA would not send you a copy of your C file-

unless you have a Section 1151 claim pending-

I made sure I had a copy of my husbands c file before I filed my 1151 claim- they wrote Section 1151 all over the c file when a vet or widow files a 1151 claim and they dont want to release the file at that point.

Edited November 6, 2007 by Berta

[Christopher]

I don't have an 1151 going. I was told that the DRO refused to release my file to the copy and send people presumably until he/she finished with it. If it's just sitting in a file cabinet he/she is apparently not working it. Any take on why they re-requested me to fill out an election form?

[Berta]

"Any take on why they re-requested me to fill out an election form?"

I havent got a clue-that is odd-you mean a DRO election form?and not a VCAA election form?

Did you formally revoke your POA in writing to the POA and then tell the VARO you revoked them?

[Christopher]

Berta;

I requested in writing to the VARO to revoke my POA and the election form was the one where you have the choice of either the DRO process or the traditional appeal process.

It seems odd that the IRIS response stated that since I chose the DRO process my file was with the DRO being reviewed. Then a week later I get the election form in the mail.

I think that I am getting the runaround.

[Berta]

I could understand the VA's reluctance to release the c file to be copied if they are working on it.

Do you feel the VA has ample evidence to award your claim?

I have prepared a small file separate from my other VA crapola-(which fills a whole file cabinet)-

maybe this would help you-too

In the event the DRO calls me- I am prepared to get them focused on my main issue and the medical evidence that supports it.

I have put the main evidence into this separate file and it sits by the phone.None of it has been addressed by the VA yet.

Also since my claim was filed so long ago ( 5 years this January)- I have a list of all of the monetary awards that they have to consider-and will make sure the DRO addresses them all-

I also have the amounts they owe me and the supporting documentation for every monetary award.

Also if the DRO suggests they need another VA quackola opinion- I will aggressively raise Mariano V Principi but I did that already in my last letter to them so maybe they wont try to pull that.

The VA has a VA opinion based on 3-4 med recs.

I have 3 IMOs and significant other medical information that correlates my husband's AO induced DMII to his death.

I also have in the file the VACO report of 1998 that said they committed malpractice and caused Rod's death.

I will stress to the DRO- if needed -that with this evidence of malpractice, it is more than likely the VA malpracticed on the true etiology of Rod's disabilities.And my IMOs also support that fact with full medical rationale.

My long point here is- since you have no POA- be well prepared- if the DRO calls you.

Edited November 7, 2007 by Berta

[Christopher]

I do indeed feel there is sufficient evidence to rule in my favor..of course I am biased..but I think any rational impartial person reviewing the claim would agree with me.

My main focus(I have several pending issues) is the continual denial of Sleep Apnea. Two C&Ps with both exam doctors in their diagnosis stating that the onset was manifested during active duty. I still haven't been told anything about the review of the second exams results where the doctor(a different one than the 1st exam) stated with medical rationale why he believed my sleep apnea condition had its onset during active duty. The denial after the 1st C&P exam stated that although the examining doctor stated that it was more likely than not that the condition had its onset during active duty, he did not support his opinion with medical rationale. The second doctor was explicitly asked to give his opinion with medical rationale which he did favorably for me(I always get my medical documentation from release of records a month or so after).

This claim was initially opened Mar 2004!

I hope the DRO does contact me so I can find out what the problem is causing the delay. I do have pretty much all documentation to refer to if he does need any clarification on my disagreement..but I may organize it better as you suggest.

I really am anxious to see my complete C-File out of sheer curiosity.

In any event, if the VARO keeps on with their denial I have a law firm willing to take the case and they will have to send them a copy of the C-File.

Thanks for the feedback!