Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - Hadit.com

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Changes Ownership
  • 0

Dro Can Accept New & Additional Evidence

carlie

Asked by carlie,

 Share

Question

  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

14 answers to this question

Recommended Posts

  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

Wow that is news to me. When I was at my DRO Hearing last March the first thing I was told by DRO all that he could consider was the claim that had already been decided and that is in my transcript.

He was also the same guy who made the original decision and said in writing that he did not have to consider agoraphobia when I was granted 100% for Panic Disorder for Housebound Benefit.

I guess that they can lie to your face at least I can ask for the transcript and raise hell about it.

Link to comment
Share on other sites
Berta Grand Master

Berta

Posted
Posted

If you received a Copy and Paste DRO decision or the DRO ignored your main evidence- a DRO hearing or informal conference is one more way of highlighting that evidence and getting it into the record.

Link to comment
Share on other sites
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Pete

I think I would get a lawyer for your CUE. It seems to me that they have already violated the regs by using the same guy who rated your SMC to do your DRO. This guy is lying about most of what he is telling you. He is trying to CYA at your epense. He probably resents you questioning his decision. These CUE's seem to hinge on the phrasing of your claim. I think from reading your CUE that you have a good one, but this guys is saying he did consider you for SMC for HB, but we know that is a lie. You want the claim written up in the form of a brief by a lawyer who is aware of all the legal pitfalls and traps the VA has set out for you. Does your NOD put you in the picture to be able to hire lawyer for this? Your CUE seems simple that you should have been considered for HB when you got 100% schedular. However, I can see the VA using the kitchen sink to try and beat it. This is where the lawyer might come in handy. 80% of something is better than 100% of nothing. Most lawyers are pretty tenacious where fees come into play.

Link to comment
Share on other sites
Rockhound Mentor

Rockhound

Posted
Posted
He was also the same guy who made the original decision and said in writing that he did not have to consider agoraphobia when I was granted 100% for Panic Disorder for Housebound Benefit.

I may not be reading this right, and I may be completely wrong, but I thought I read that a DRO or the process is that the decision that was made by a VARO rater/adjudicator, when seen by a DRO is supposed to be seen by a different person, by different eyes, so that if their were problems with the deciscion, and so you can get evidence written directly into the record and such.

Anyway, I just thought the same person who first decided your claim, has to be a different person when your are granted a DRO.

Rockhound Rider :rolleyes:

Link to comment
Share on other sites
  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

As always thanks John I would not have the HB benefit if not for you.

Rock that is the gist of it. Thanks for your reply

Link to comment
Share on other sites
halos2 Veteran

halos2

Posted
Posted

I requested a personal hearing witha DRO in Mar07 as they deamed me dead and tried to sever my 30% when I asked for an increase. They advised me it would take 30 days for appointment....took over 3 months

They informed me it would be another DRO who would be in the hearing, as they do not se anyone who previously deceided/rated the case...

They advised me I could bring in any additional information and I did and they made copies of it all as I made some copies for them and they wanted it all, as this was new evidence to validate my case...

They taped it and asked if I wanted a copy of the transcript which I said I did...

Told me I would hear back within 90 days...took almost 6 mths...

I finally got my transcript after 4 requests last month (june), and some of the information I spoke of on the tape is not included...they did award 50% from 30% ( the info not on the tape referred to my faulty c&p exam and examiner and how she got the boot from the hosp for doing untruthful exams as she was an incompetent nurse pract. and not a doctor plus I also told of another va employee who wrote down assumptions in my file and did not relate to the facts and that is why they wanted to sever and proved it as I had the copies from the va...)

So as I said before next time I will tape it too and I won't ask just tape it.

Good luck and don't let them jack you around anymore than they do. Just tell the truth until they finally see it is so.

:rolleyes::lol:

http://www.warms.vba.va.gov/M21_1MR.html

See Chapter 5 -- Section C -- DRO

Link to comment
Share on other sites
  • HadIt.com Elder
Chuck75 Grand Master

Chuck75

Posted
  • HadIt.com Elder
Posted

So, what you are saying is that the VA did not provide a true and complete transcript. That, I believe might be actionable if failure to provide the complete transcript does harm in any way to you or your claims. At the minimum, a complaint to the VA OIG or other appropriate review & compliance office might be appropriate. Perhaps there is another more effective way to use this, but I don't know what it might be.

I'm a firm believer in when they screw up, hold thier feet to the fire.

On the other hand, if the VA has awarded you (in your opinion) a fair settlement, why rock the boat.

"I finally got my transcript after 4 requests last month (june), and some of the information I spoke of on the tape is not included...they did award 50% from 30% ( the info not on the tape referred to my faulty c&p exam and examiner and how she got the boot from the hosp for doing untruthful exams as she was an incompetent nurse pract. and not a doctor plus I also told of another va employee who wrote down assumptions in my file and did not relate to the facts and that is why they wanted to sever and proved it as I had the copies from the va...)"

I requested a personal hearing witha DRO in Mar07 as they deamed me dead and tried to sever my 30% when I asked for an increase. They advised me it would take 30 days for appointment....took over 3 months

They informed me it would be another DRO who would be in the hearing, as they do not se anyone who previously deceided/rated the case...

They advised me I could bring in any additional information and I did and they made copies of it all as I made some copies for them and they wanted it all, as this was new evidence to validate my case...

They taped it and asked if I wanted a copy of the transcript which I said I did...

Told me I would hear back within 90 days...took almost 6 mths...

I finally got my transcript after 4 requests last month (june), and some of the information I spoke of on the tape is not included...they did award 50% from 30% ( the info not on the tape referred to my faulty c&p exam and examiner and how she got the boot from the hosp for doing untruthful exams as she was an incompetent nurse pract. and not a doctor plus I also told of another va employee who wrote down assumptions in my file and did not relate to the facts and that is why they wanted to sever and proved it as I had the copies from the va...)

So as I said before next time I will tape it too and I won't ask just tape it.

Good luck and don't let them jack you around anymore than they do. Just tell the truth until they finally see it is so.

:rolleyes::lol:

Link to comment
Share on other sites
  • HadIt.com Elder
rentalguy1 Grand Master

rentalguy1

Posted
  • HadIt.com Elder
Posted

Pete...John is correct. There is a reg that states the same person who decided your original claim cannot act as a DRO in your appeal. I can look around and dig it up if you need, but I am certain that I read that.

Link to comment
Share on other sites
MRRRR5 Proficient

MRRRR5

Posted
Posted

Chuck75,

in your post, you stated:

"I'm a firm believer in when they screw up, hold thier feet to the fire.

On the other hand, if the VA has awarded you (in your opinion) a fair settlement, why rock the boat."

I don't believe it to be rocking the boat to get your fair, earned rating from the VA if they intentionally excluded evidence that may result in a higher rating.

Link to comment
Share on other sites
halos2 Veteran

halos2

Posted
Posted

Chuck75 and MRRRRS

I put i for BVA with the claim they denied 2x. The info left out was the truth about the faulty lying C&P exam and examier and the fact that she no longer does the exams...all info about my back claim...the award was for the other claim and also when I told them on tape the raters name and her ASSUMPTIONS not facts that is not on the transcript either...

So I went BVA as I bet they probably lost the tape as it took months and months to transcribe...

One fish cannot compete with a school of sharks...but the fish will not give up, just change tatics! :rolleyes:

Chuck75,

in your post, you stated:

"I'm a firm believer in when they screw up, hold thier feet to the fire.

On the other hand, if the VA has awarded you (in your opinion) a fair settlement, why rock the boat."

I don't believe it to be rocking the boat to get your fair, earned rating from the VA if they intentionally excluded evidence that may result in a higher rating.

Link to comment
Share on other sites
halos2 Veteran

halos2

Posted
Posted

Sorry MRRRR5 I typed your handle incorrectly my bag :lol:

Chuck75 and MRRRRS

I put i for BVA with the claim they denied 2x. The info left out was the truth about the faulty lying C&P exam and examier and the fact that she no longer does the exams...all info about my back claim...the award was for the other claim and also when I told them on tape the raters name and her ASSUMPTIONS not facts that is not on the transcript either...

So I went BVA as I bet they probably lost the tape as it took months and months to transcribe...

One fish cannot compete with a school of sharks...but the fish will not give up, just change tatics! :rolleyes:

Link to comment
Share on other sites
Teac Mentor

Teac

Posted
Posted
Pete

you should have been considered for HB when you got 100% schedular.

The VA did me the same way. I was increased from 90% IU to 100% in Dec 07... with an effective date of Nov 07... but the request for the increase was dated Jun 2005... and I requested housebound Feb 07 and finally was awarded May 08 with effective date Nov 07... I should have been awarded the housebound at the same time I was awarded the 100% rating.... now I have a nod in for eariler effective dates, and a NOD for A&A because the va even said I qualified for A&A then awarded me Housebound anyway... (go figure)

Some people at the va must think all veterans are stupid.. it is ironic that a good majority of my claims were awarded on de novo review when will the va get it together and do their job right the first time...

and as to Pete's DRO.... it should have been decided by new eyes..... hell the va doesn't even follow the rules and then wonder why veterans get angry.

Link to comment
Share on other sites
Berta Grand Master

Berta

Posted
Posted

"I'm a firm believer in when they screw up, hold thier feet to the fire."

Chuck is right-

last night a lawyer from NVLSP called me regarding a Nehmer question I had- this was a lawyer who I had talked with in the past and we discussed many things besides my Nehmer letter.

He was appalled at what happened to my claim at the DRO conference and said I took the right steps to get this whole situation at the front-

I have sent the VSM some serious questions to answer and also he was very supportive that I filed the OGC complaint against my reps-

Another NVLSP lawyer last-Ron ABrams- also supported the way I got a fast BVA remand-although my claim has been on remand for almost 2 years- still it could have still been at the BVA by now- only to be remanded-

I took the bull by the horns on the errors that occurred with my claim- but still that takes time for results but it is better to challenge them then to sit around and wait for what might be one more VA screw up-

I can document I have done all I could do to get my evidence considered.And getting it considered is mandated by the regs in 38 CFR as I reminded the VA too.

This lawyer agreed with my premise on Mariano and that I cited this case to the VA-

still- even if they knock down my IMOs with some VA crap- I could get another IMO- but Mariano suggests that this should not occur.He agreed I was at least within Relative Equipoise,almost 4 years ago, whch is enough for an award.

Link to comment
Share on other sites
Ricky Grand Master

Ricky

Posted
Posted

One of the primary purposes of a DRO hearing is to present new arguments, present witness's and provide new evidence that has been collected since your original claim.

The problem with most hearings is that veterans will simply rehash the same arguments that they have already presented in their original NOD. At this point it is simply a waste of time for the veteran and the DRO.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to question listing
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept