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Can I Submit Evidence At A Dro Review Hearing?


yoggie2
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Can I submit evidence the Day of this hearing, I already turned it in before my denial? Some pertinent material that was listed as evidence in the denial but was not in my copy of c-file I received last month and may have made its way to the trash that would have proved my claim easily?

Thanks, Rich

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Yes sir you can. That is one purpose of the hearing - so the veteran can submit evidence.

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yoggie,

Just a suggestion here: Remember the DRO Hearing will have an audio tape made and you will request a copy of the transcripts. While you are there you will be providing sworn testimony,

so all evidence you are submitting at the hearing I would be sure to read ALOUD a list of the evidence being submitted that day - so there is NO WAY VA can justify not recognizing

and including that particular evidence into the decision. Be sure to submit at that hearing anything you feel VA has not acknowledged!

Example:

Today I am submitting evidence in support of my claim for,

Lumbar strain - MRI report dated XX/XX/XX, physical therapy notes dated XX/XX/XX,

Pharmacy records for pain medication dated XX/XX/XX.

PTSD - Progress notes from DR. XXX dated XXX, Letter of Support from XXX dated XX/XX/XX.

etc, what ever your case maybe.

Reading through the list will go quickly if you have it prepared in advance - and this will help provide a no-way out of that particular evidence for the VA.

jmho,

carlie

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Yogi, thanks for asking this question. I've SOC's list submitted evidence casual and vague. I had a supporting letter from a city agency get listed as 'City letter, xxxx'. The SOC should have listed the subject matter addressed. I also submitted unit letters and we know, Military letters have a 'subject' line and are signed by some one in charge of something. The va listed them as 'extraneous'.

Expectin a hearing somewhere in the next century, medical reports will only increase. Meanwhile I've plastered Carlie's advice on my claim prep folder, waiting for DRO.

Again, thanks,

CG

Can I submit evidence the Day of this hearing, I already turned it in before my denial? Some pertinent material that was listed as evidence in the denial but was not in my copy of c-file I received last month and may have made its way to the trash that would have proved my claim easily?

Thanks, Rich

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yoggie,

Just a suggestion here: Remember the DRO Hearing will have an audio tape made and you will request a copy of the transcripts. While you are there you will be providing sworn testimony,

so all evidence you are submitting at the hearing I would be sure to read ALOUD a list of the evidence being submitted that day - so there is NO WAY VA can justify not recognizing

and including that particular evidence into the decision. Be sure to submit at that hearing anything you feel VA has not acknowledged!

Example:

Today I am submitting evidence in support of my claim for,

Lumbar strain - MRI report dated XX/XX/XX, physical therapy notes dated XX/XX/XX,

Pharmacy records for pain medication dated XX/XX/XX.

PTSD - Progress notes from DR. XXX dated XXX, Letter of Support from XXX dated XX/XX/XX.

etc, what ever your case maybe.

Reading through the list will go quickly if you have it prepared in advance - and this will help provide a no-way out of that particular evidence for the VA.

jmho,

carlie

Excellent point carlie!!!!! My DRO took my evidence at the end of the hearing and said "let it be of official record that Mr. Ricky Clown has provided new evidence in the form a letter, titled medical opinion, dated, from Dr. X; blah, blah, blah...... I guess she was one of the good ones..... but if they don't please do as clarie has stated.

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