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Dro Process

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donews

Question

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).

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Berta,

I have not formally applied for TDIU.

I was waiting until I had my request for a DRO hearing addressed for the Heart Conditions.

My thinking was I needed to address that 1st as it will probably be quick unless the DRO just absolutely doesn't agree with me. I am thinking once he see's that I have an AICD Implant, Chronic Congestive Heart Failure, and an Ejection Fraction of 22%, he will fix the rating from the 60% they gave me and move it to 100% which it should be.

I was going to put the TDIU claim in the mail as soon as I get a DRO hearing date / time (certified signature return receipt as always).

I figured I will get all the claims sent in then when the fog clears start going back and asking for proper EED's on the ones that need it.

I will have a large amount of claims / conditions claimed also TDIU, VOC Rehab (ILP), and A&A or Housebound.

My fear is I will clog the pipe and slow all my claims down.

I almost feel guilty or at least greedy or something I don't know. It just feels odd, because I have so many conditions that are legitamitly linked to my SC conditions. But when I put them all on paper it seems like so much to ask for.

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Donews - never feel guilty. I know that the VA sometimes makes us feel that way. They will appear to award some claims so quickly and others they fool with for years. As a disabled veteran you deserve what the law says - nothing more, nothing less and that is all you have asked for. I truly hope you receive your 100 percent and do not have to worry with the TDIU.

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Donews,

As Ricky said don't ever feel guilty. You obviously meet the requirements for a higher % so go for it. It is not your fault, or(our fault for the other claims that were low balled), that the VA did that to everyone. I have been fighting for a rather short period compared to others on here, only since 2003. I have a combined 60% with an appeal in. They cheated me on my last claim I should be 100% TDIU. You are only asking for what you are entitled to. Seems like the govt. makes everyone fight for what they are entitled to. I don't know that you will slow down the process as it seems to me that it crawls at a snails pace right now anyhow. Don't give up. Keep on keeping on. Dalejr8

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Don- you have every right in the world to claim SC for any of your disabilties-

The DRO might well give you the proper award even without the TDIU form-

If a vet is 100% -it is what it is-

so they should not hinge on receipt of the form-

but the date of their receipt of the form itself -in most cases- is what they use as the EED date for the 100% comp-if that isnt right-you can always appeal the EED.

I dont even know if my husband ever filed a TDIU form at all.

I dont remember ever seeing one here.

He went from 30% to 100% P & T anyhow- based on medical evidence-

but still the 8940 does trigger VARO to consider TDIU even though they are supposed to consider ALL potentials of the highest ratings SC in a claim.

If you got C & P s that covered all of the complications of your claimed SC disability-then they should certainly consider all of these complications and rate you properly.

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Ok im over it now.

I was having one of those nights.

I know I deserve a full rating and I am going to fight for it.

I have my ups and downs. I need to stay away from the keyboard during my downs.

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Veterans are not beggars nor welfare recipients. A Veteran has earned the benefits through their service.

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