Berta, Guess What Happened On The Way To Dro Hearing?

[Bossman]

I finally got someone to recognize that I was denied Due Process. I showed my form 2138 dated 1/25/2007 and it showed that they accepted my form but reduced me without a hearing. The dated stamp was 3/9/2007. The appeals team said that it was dated 8/9/2007. They further stated that, "Since this was received following the final reduction, it is considered a post-decisional hearing request and a DRO will need to hold the hearing.

They reduced me after my request was received, and they did it without a hearing. They did setup a hearing for October 17th here in Atlanta.

I am very suspicious!

The hearing was originally for two SC items but they want to hear all 9 items at this hearing that I initially appealed in August 2004.

They said that if I am not satisfied I still have a BVA hearing request pending from 11/06/2006. I that true?

[Berta]

I finally got someone to recognize that I was denied Due Process. I showed my form 2138 dated 1/25/2007 and it showed that they accepted my form but reduced me without a hearing. The dated stamp was 3/9/2007. The appeals team said that it was dated 8/9/2007. They further stated that, "Since this was received following the final reduction, it is considered a post-decisional hearing request and a DRO will need to hold the hearing.

They reduced me after my request was received, and they did it without a hearing. They did setup a hearing for October 17th here in Atlanta.

I am very suspicious!

The hearing was originally for two SC items but they want to hear all 9 items at this hearing that I initially appealed in August 2004.

They said that if I am not satisfied I still have a BVA hearing request pending from 11/06/2006. I that true?

I guess it is still pending-----

do you have a rep who will show up at that hearing with you- or someone from their closest office to the RO?

They have to show-with medical evidence - "material improvement" that would warrant a reduction in your comp-

do you have evidence to show how wrong they are?

At least they honored the fact that you were denied Due Process.

But that should not have happened in the first place.

[Bossman]

They are telling me that BVA is still pending. My rep told me not to bring anything with me but the doctors note that states that what I had was knee surgery. They have the surgery summary in my C-File and they denied that I had knee surgery eventhough it says: Surgery, Right Knee and Surgery left Knee. My doctor sent them the surgery codes and they still denied me and told me later to get a letter from the doctor. This letter eventhough handed in never made it to my C-File. I also have Hypertension, Cold weather injury to hands and feet, Bi-lateral shoulder problems (Arthritis, Bursitis, ruptured bursa sack, nerve impingement and in service surgery to repair a separated shoulder). There is a lot of things that they have messed with me about and have denied me when I knew that I am right.

They also have a release letter from my doctor stating the the residual from surgery is permanent with poor outlook for improvements! I also have a torn Meniscus.

He also said that I should not attempt to make the hearing officer aware of what Title 38 says about my condition. I have been continuously on Corticosteriods since the late 80's. Certainly more that 12 months before I filed for an increase. All drugs issued by VA.

I started out at 80% and was reduced to 60% and then raised 10% to put me at 70%. My point is that they reduced me eventhough the evidence was there to increase eczema to 60%. Yeah, I am worried about their truthfulness.

[Berta]

I am more worried about your vet rep-

"My rep told me not to bring anything with me but the doctors note that states that what I had was knee surgery.

He also said that I should not attempt to make the hearing officer aware of what Title 38 says about my condition. I have been continuously on Corticosteriods since the late 80's. Certainly more that 12 months before I filed for an increase" etc

I think he is borderline incompetent with this advise to you.or Maybe just plain lazy.

"The hearing was originally for two SC items but they want to hear all 9 items at this hearing that I initially appealed in August 2004"

I would bring the whole nine yards if I were you-

co-ordinate it all into manila folders and write a brief opening statement as to exactly what you want them to do-

reaise the points you raised here- and then support them with the evidence-

The better organiozed and prepared you are, the more difficult for them to get off track and tangential-

they are more nervous at these hearings then we realise-

just stay calm and even put notes on indezx cards if that will help you-

they screwed up but this hearing can make it right-

Can you bring someone with you to handle your files and evidence and hand them, to you as you refer to them?(it should be tabbed) and make a list of what each manila folder contains- and get the list into the evidence and the transcript of the hearing.

[LarryJ]

I totally agree with Berta.

When the RO realized that they were going to send me a copy of my C-file, and then they realized that I could actually read........then and only then...after scheduling my DRO hearing...did they have to admit that (1) I was receiving SSDI for the same disability that was SC'd (2) That they had two letters from my VA docs fully supporting my claim for TDIU + a C&P which was totally positive of my claim (3) That I WAS going to show up at my hearing, matter-of-fact, I'd sent them a letter telling them how much I appreciated the opportunity to appear and that I had all the above mentioned stuff that I needed to bring up in the hearing and that I hoped that they had allowed enough time in their busy schedule for a full discussion of the facts as contained in my C-file. That I was REALLY looking forward to meeting with them.

My claim was "re"-decided two weeks prior to my scheduled DRO hearing, and I was notified by my vet rep by 'phone.

Hang in there.