Evidence Submitted During The Dro Appeal

[hotcoffee2]

I handed the DRO a clinic note from a neurologist that ultimately changed my diagnosis. it conflicts with the rating doctors diagnosis. during- the following appointment I was injected with botox and this proved the rating doctors diagnosis to be incorrect. also 2 emgs/ncs were included with my evidence submission. one emg was negative, the other indicated and proved the diagnosis of the neurologist who diagnosed me with dystonia and treated me with botox.

im uncertain that these facts are being considered by the DRO. also the x-rays of the vamc were read by UCONN who found results different than the VA. The report is in the file, but I am unsure if the x-ray cd was included in the submission. during my first appointment, I was to be treated using conservative methods of casting, bed rest, and PT. The PTs were cancelled by DPM and this was never discussed with me.

I have not been given a rating. at my records review appointment I told the woman that the rating doctor did not review x-rays to date and his notes were not in my C-file.

How do I make sure this stuff gets treated as evidence? thanks patti

[Pete53]

DRO does not have to accept new evidence but can agree to do so.

Good Luck

I think it will help your claim.

[hotcoffee2]

thanks pete......

DRO does not have to accept new evidence but can agree to do so.

Good Luck

I think it will help your claim.

[Wings]

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Decision Review Office (DRO) Review Process, Last Updated 6/19/06

http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secc.doc

[Ricky]

The VA (DRO, rater etc...) has to accept any evidence you submit and then weigh it. Now they may say it is repetative, does not apply etc...... But they gotta accept it.

[poolguy11550]

I agree with Ricky- good luck

[MikeR]

This happened to me. I went to the C&P for an EMG and they indicated that I had no problems, of course I did and on appeal I submitted a new report for an IMO from one of the best Neurologists in Ohio. This is taken from my BVA Appeal and remand.

"EMG of the right upper extremity was negative." (VA Doc)

"A June 2002 EMG report, signed by Dr. M., indicated an

impression that there appeared to be damage to the terminal

branches of the radial nerve and the remainder of the

examination was within normal limits."

As one can see it was a conflict of opinion. They sided with my specialist whom is board certified. EMG's hurt so I would not want to do too many of them, but just the same always get a second opinion.

Mike