Dro Can Accept New & Additional Evidence

[carlie]

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

See Chapter 5 -- Section C -- DRO

[Chuck75]

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.

[rentalguy1]

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.

[MRRRR5]

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.

[halos2]

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!

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.

[halos2]

Sorry MRRRR5 I typed your handle incorrectly my bag

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!

[Teac]

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.