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Question On Hearings


71M10
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Greetings all:

I was curious about local hearings. It primarily is described in M21-1MR as the claimants opportunity to present evidence. Will the VA answer your questions in the hearing or provide you information on how they interpreted evidence? Does it provide an opportunity for effective 2 way communication or is it just another situation where you give them information and they politely thank you for it then ignore it after the meeting is over and do what they would anyway? I am trying to figure out just how useful this process would be.

Best regards,

Tyler

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Tyler,

Are you asking this question in relation to a DRO Hearing ?

If so, I have had some positive results from a DRO Hearing and

after another (different DRO Hearing) one I basically got a verbatium

copy of the prior VARO denial.

The DRO does most of the asking questions - but if you do have a

DRO Hearing they should be able to answer most of your questions.

The only question they probably won't supply an answer to is

what the outcome of the Hearing will be.

jmho,

carlie

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Tyler,

Are you asking this question in relation to a DRO Hearing ?

If so, I have had some positive results from a DRO Hearing and

after another (different DRO Hearing) one I basically got a verbatium

copy of the prior VARO denial.

The DRO does most of the asking questions - but if you do have a

DRO Hearing they should be able to answer most of your questions.

The only question they probably won't supply an answer to is

what the outcome of the Hearing will be.

jmho,

carlie

Yes this question was geared towards a DRO hearing. I was just curious how much information on how they are viewing/evaluating evidence i could get from them. I guess like a 3 year old I am stuck on the WHY of things. Why arn't you accepting your own physicians opinion. Why didn't you schedule a nerve condtion/EMG testing. It's a learning process.

Best regards,

Tyler

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Yes this question was geared towards a DRO hearing. I was just curious how much information on how they are viewing/evaluating evidence i could get from them. I guess like a 3 year old I am stuck on the WHY of things. Why arn't you accepting your own physicians opinion. Why didn't you schedule a nerve condtion/EMG testing. It's a learning process.

Best regards,

Tyler

Tyler,

I suggest studying the Reasons and Bases Sections of your Decision again, along

with the Evidence listed - and I mean really study it inside & out. Be sure to get a very

clear understanding of what it is stating word for word - don't allow you emotions into it.

Study it like it doesn't pertain to you but like your helping someone else out.

This should state the why's of how the decision viewed the physicians opinion.

As for the "Why didn't you schedule a nerve condition/EMG testing, " the answer to

that is that the decision maker is the one responsible for ordering what test are to be done.

Now when you bring this up at the DRO Hearing, the DRO does have the authority to

request additional fact finding information and MAY do so, but I don't know that I would

count on that too much.

jmho,

carlie

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