Unusual Info From 800#

[Berta]

My claims are with a DRO but today the 800# told me that my AO claim went on Nov 15th-to the original DRO who sent me a Copy and paste De Novo-in 2005 which I asked the VA to CUE- and then they gave my rep an informal conference with her-(2005) and AGAIN my medical evidence remained completely ignored-long story but this was one of the legal errors that got me a quick remand from the BVA last year-

I just sent the VA an inquiry as I am still waiting for a response to a prior inquiry as to having an informal conference with the DRO-

and pasted in the inquiry- the actual regs that prohibit a DRO from making another decision if they were the DRO who had made the first decision-but there could be another reason for all this-

it could be part of the complaint I filed against my Reps (NYSDVA)

as the original DRos statement regarding their conference reveals that my rep never even mentioned my medical evidence to her nor discussed any evidence at all-(he told me by phone he thought he would get an award due to my IMOs but nothing NYSDVA reveals he even mentioned them to the DRO)The SSOC I got after this confenrence states I had only sent them internet printouts.

These are a few regs from M21-1MR and anyone with a DRO review coming up should read the whole link to them:

Under M21-1MR Change Aug 2005 Part 1, Chapter 5 , Sec C:

"Duty Description

1 Hold informal conferences and formal hearings.

2 Evaluate the evidence of record including the need for additional evidence as a result of information obtained during the hearing.

3 Make a decision.

4 Make direct contact with appellants and their representatives

f. Acting DRO When the DRO is temporarily absent or disqualified because he/she participated in the decision under review, the VSCM of the RO where the hearing is scheduled appoints an acting DRO.

The acting DRO

 shall have considerable understanding of the issue that is the subject of the hearing

 shall not be less than a GS-12, except in extraordinary circumstances, and

 cannot have participated in the decision being reviewed."

It is odd how I found this out-

I mentioned that I was going to get another IMO and would send it to "Linda" who I understand is DRO # 3-but the 800# woman said- that's odd- Linda did have it but it went last week to -------(the same DRO who sent me the copy and paste and who had the conference with my rep)

Boy- you sure have to be on them all the time I guess-

maybe there is a good reason for this-

I stated in my GC complaint that my vet rep withheld my evidence from the DRO-

and the SSOC bears that out- it might be due to that ????

[john999]

Berta

I am having a DRO on my CUE claim going back to 1971. I just don't know how this is going to work. There is no new evidence. There is only the evidence of record and the rules the VA ignored. I believe I had an inferred claim for IU or 100%. The VA already tried to introduce evidence to deny my claim that was not in the record.

John

[Berta]

I am set for DRO review on my 2 CUE claims too John-I used as evidence the decisions they committed the error in and the rest of my evidence was from the regs themselves.Also I submitted a General Counsel Precedent Opinion as evidence to support my CUEs. Have you accessed the OGC web site to see if there might be some case law opinion there to help you?

http://www.va.gov/ogc/precedentopinions.asp

I just talked to Med Opinions and am sending them the info tomorrow for one more opinion on my AO death claim- as soon as that is done- I think I will seek a lawyer for my SMC CUE claims-

Sometimes I still get ticked off to realise that in 1999 both the VA and then the BVA denied a CUE claim I had and then it was awarded anyhow by Regional Counsel-and only because I re-opened my claim for direct SC death of my husband-

and the RO had to check what I stated in the claim as to his wrongful death.When the Regional COunsel confrimed the wrongful death that is when they discovered the CUE that I claimed in 1999 had been correct.

I should have gone to the CAVC (COVA in those days) but I began to believe the VA must have been correct to deny it and found out they weren't correct at all.

I never buy what they are selling anymore if I dont like it or it doesnt make sense.

Edited November 26, 2007 by Berta