Dro Process

[donews]

I apolagize in advance if I have asked or if this has been answered previously.

My mind being what it is does not always function well. lol

I used the DRO process for a claim and they never contacted me, but they did decide in my favor. My disagreement is the rating percent I received and the evidence they used.

I found out during my most recent hospital stay for CHF that all the evidence to support a 100% rating was and always has been in my private and va medical records that they have.

The va cardiologist was even suprised that I wasn't 100% (although he is reluctant to actually put his signature on anything good or bad, he said he preffers to stay out of the boss mans crosshairs).

The questions being :

Can I appeal or nod and request that it be kept in the DRO process?

Can I request to meet with the DRO ? (they never contacted me during the original DRO process)

Can the DRO change the decision based on the outcome of the meeting ? (I will have all the records in hand as to preclude them from not having the records thay need).

[donews]

I called the 800 number today and asked if I could get a hearing or phone call with the DRO that handled my claim for my Heart Conditions.

The gentlemen at the 800 # said that was not allowed.

He asked me if I had a NSO handling my claim at the local level. I explained to him that I had filled out a POA for the DAV to help with my claims.

He said it still had not been entered into the computer and that it can take up to 6-8 weeks for that to happen.

I asked him what I should do as I was given a Full Grant on the Heart Conditions but there was a clear error in the Rating that they gave me.

He said I needed to contact my NSO as discuss it with them. He acted like he wanted to tell me what to do but he couldn't. It was a little odd. He would start to say something then he would just go back to saying I needed to contact my NSO.

I said I would do so but I was trying to at least get the ball rolling on the claim again so as to not just be sitting and waiting for the POA to be entered.

He then told me I could go through a DRO appeal process, but it would take a long time. He again started to say what I should do, then said contact your NSO, they will know what to do to save you some time. He said I really didn't want to go the route of the appeal as it would take much longer.

So I am a little confused. I thought someone said I could contact the DRO that had handled the claim and get a meeting / hearing with him.

Does anyone know if that is the case?

If so how do I go about requesting that meeting?

I will try to get the NSO moving, but he said until the POA is entered into the VA computer he can't get my C-File and he doesn't want to discuss the claims until he has the C-File. So it could be between tommorow and 8 weeks before that happens.

[jbasser]

Jbasser,

I was browsing through some of my medical records and found this:

"Mild-to-moderate pulmonary hypertension with pulmonary artery pressures of 45 noted. "

It is on a 2D Echocardiogram Report from Aug 2006.

Is this what you were talking about?

Don, That is exactly what I am talking about. I am sorry for replying a few days late.

Yes indeed you have Pulmonary htn. I even bet you are taking a separate Nitrate for it like IMDUR or Isosorbide Nononitrate.

Print off the heart criteria and send it to the va. Sgow them your EF and demand an inmmediate reconsideration. Dont let them say it is a new claim or an inferred claim for the heart.

You need your cardio doc to explain the Phumonary HTN in writing. He will most likely say right sided heart failure and have him write a narrative that would explain the relationship between the Heart and Pulmonary hypertension. If it is int he record it should have been inferred.

Then file a request for reconsideration with the ro and also file a form 9.

There you have 2 100 percent ratings of the heart and lungs.

Send an Iris question to the RO and ask them to reconsider the claim based onthe regulations. If you need them to refer to let me know.

John

Edited February 20, 2008 by jbasser

[Pete53]

In 1996 I asked for a Hearing even though my SO and the NSO in DC advised against it. I also wrote a letter to BVA and told them I wanted a Hearing while my claim was waiting for a BVA decision

When they sent my file to Waco the VARO thought that it had been remanded and I had the good sense to keep my mouth shut.

Since it takes a long time for a DRO to review I still think that you can accomplish the same thing and faster by requesting a Hearing with the VARO in order to present your facts to the VA. I would ask for the Hearing and say nothing about DRO.

I personally believe the right to ask and get a Hearing at any time is the strongest weapon that a Veteran has to get his claim approved.

I think that you should wait till more discuss this and you feel comfortable with your decision. I am taking this position cause I did it and it worked for me.

Good Luck

[john999]

Sometimes you can get more done with a 10 minute face to face at the VA than you can with a 100 pages of reports and arguments. I mean we are dealing with a machine. If you can get to a person and lay out your evidence and your claim it can make a big difference. When I went to see my C-File I discovered by talking to the guy who was watching me look through the file that my claim was on the way to the BVA. I did not want this and we stopped it. I got a decision within a couple of months at the VARO in my favor. If I had not spoken to the VA employee face to face I would still be waiting. I think asking for a hearing with your VARO or DRO is the best idea that has come along, especially since we all have that right. If you can just get them to read your claim and evidence you may win on the spot. My thoughts are that the VA wants to resolve our claims and if we stay in their hair long enough they will.

[Jim MAC]

Sometimes you can get more done with a 10 minute face to face at the VA than you can with a 100 pages of reports and arguments. I mean we are dealing with a machine. If you can get to a person and lay out your evidence and your claim it can make a big difference. When I went to see my C-File I discovered by talking to the guy who was watching me look through the file that my claim was on the way to the BVA. I did not want this and we stopped it. I got a decision within a couple of months at the VARO in my favor. If I had not spoken to the VA employee face to face I would still be waiting. I think asking for a hearing with your VARO or DRO is the best idea that has come along, especially since we all have that right. If you can just get them to read your claim and evidence you may win on the spot. My thoughts are that the VA wants to resolve our claims and if we stay in their hair long enough they will.

John

I can't agree more with you. My claims are not as old as some other peoples here but I had a lot of luck at the VARO. With a DRO hearing I recomned a DRO hearing all the time

Jim

[Will]

I am in Chicago and the VARO there for DRO reviews are pretty quick, took from August 2007 the time I requested DRO and got my decision back on Feb 08, 2008. So took about 6 months.