ptsd Had Dro Hearing Today In Buffalo

[Quint7]

I had my DRO hearing today in Buffalo. The one to make up for the scheduled one in October. Issues were increasing my right knee to 20%, SC my IVDS/DDD and I wanted to talk about a possible CUE over my knee claim from 1994 fro my knee.

What a JOKE!

I got there 45 minutes early and the NYS Vets rep met with me (never met him before) and he said that he had reviewed my file and asked what I was looking for out of the hearing. I told him I wanted the above and he said that the back looked pretty good as far as that and that the knee would probably require a new exam. He didnt think the hearing officer would talk about the CUE for EED. I felt from the get go that I knew more about VA regs, etc than he did, but whatever. He also encouraged me to do an "inofficial" hearing where there would be no transcription of the taped portion "asthis will drop a month or two off of the results and if we dont like those we can always request a formal hearing". Ummmm, no thanks, make it offical!

We met with the woman who was the hearing officer, I was sworn in and the tape machine went on. She read some statement and he did to, blah, blah, blah. She then said "so tell me what you want about your claim". I looked at him and he said "go ahead". I explained about my back, making sure to mention my IMO from Dr. Bash, the Nexus letter from my private doc of the last 10 years and the VA training Letter on IVDS/DDD. She said 'when did you first hurt your back?" and I asked if she meant when did I hurt it or when was I seen for it? She said "hurt it". I explained about my job in the Marines and stuff I have posted a million times on here and said repatedly that i was always told to tough it out so I did other than the one documented injury that resulted in being told to tough it out by the docs. I said that my docs all said that for my age the damage had to happen during my enlistment and that Training letter said that and she just kinda nodded along.

We went on to my knee and I explained that I had atrophy, patella-femoral syndrome, my knee cap rides to the side of my leg, etc. and she said "you need another exam". I said that I was having spinal fusion on Jan.7th and she said "well you wont be getting the exam before then, you will need to let us know when you will be able to get to an exam so we can re-examine the knee." I said again that it is documented that I have X,Y and Z and she said that "ROM is about the only thing I will be rated for, we dont rate all of those seperately". I just kinda sighed.....

She then went to wrap up the meeting and I asked the Rep about the CUe and he said "oh... I almost forgot". I explained the situation (again, posted it before, wont bore you) and she cut me off saying "it was a new claim and that it had to be treated that way. You can fill out the paperwork on the way out". I asked a couple of questions and she went with the new claim line.

I was about to stop and then remembered that there was missing stuff in my copy of my Cfile and she said "that I had to request a file review". I asked if I could just see the file (right there in front of her.... unopened) and was told to ask for the review. I said OK and she ended the meeting. 30 minutes, most of it me talking.

She jotted some stuff down as I spoke but maybe 5 lines if that. My rep really didnt say anything. She wasnt agressive, defenseive or anything, polite but to the point. No questions from her but I tried to explain my MOS and how it was physically, etc.

My rep and I went to his office and he said it went well. That expalining my job, etc. wasa really good move as it explained how my back could be like it is instead of just leting her read stuff. He also said that i should wait in the CUE (he agreed that is the way to go, not the "undeliverable C&P letter route I had thought of, thank you Calie, Berta and Rentalguy!). His thought was "if they give you the 20% now, then it mustve rated 10% from service (which is what Im seeking). He also said a new claim will hold up the results of the DRO... which they told me about PTSD and was a total crock of ****...... but I think I will hold off on the CUE and Cfile review to just let the system play out. With the holidays and surgery coming up I have other stuff to worry about.

On a lighter note, my VA clinic has been more than helpful with getting ready for my surgery even though it is being done by an outside doc through my insurance. Most of the people kow my doc and the one today that wrote my stuff up to get a post-op brace through VA not only knows him well, but encouraged me to go through VA for phys. therapy as it iwill be no cost to me. Never thought of that!

So....... I will eventually request a copy of the transcript as my rep said it would be part of my record and therefore I should be entiltled to a copy. he also encouraged me to file for TDIU due to PTSD and I dont want to think like that. If I get to that point I will..... I hate that every time I meet with these reps they say that.... like Im a fool to keep working.

OK...... time to go snowblow the driveway.

[carlie]

Quint,

I agree sounds about like the sheety DRO Hearing I had.

You were right - always say a formal hearing with transcripts,

what the heck do they think, we've waited this long for a DRO Hearing

and we're just going to be in and out in 15 minutes.

Even with my DRO Hearing VA still did not give consideration to half

the danged evidence - just pass it onto BVA -- then BVA just makes

a remand to AMC --- and the hamster wheel continues to turn.

jmho,

carlie

[john999]

Your rep probably has never done a successful CUE in his life, and the DRO has probably never granted one. I had a DRO about 5 months ago and I had a CUE as the centerpiece. It was obvious to me, and the lawyer, and even the DRO, but as yet I have heard nothing and expect to be denied and have it kicked up to the BVA. This is my depressing, Christmas outlook on life.

[Jim MAC]

Quint

I went from 60 percent to 83.8 (in VA math) useing the DRO APPROACH i WILL KEEP MY FIGURES CROSSED FOR YOU GOOD LUCK

jIM

[yoggie2]

Quint, my god at what point did you think to your self and say, "yep I am on my own here" That DRO sounded awful.

I have my hearing in early JAN and I think I know how to handle my self after reading your post here.. Don't be afraid to speak and get everything on record..

[Quint7]

About 2 minutes into it... and by it I mean the meeting with the rep beforehand!

I guess kinda running through your service history on the record would be a good idea as it lets the DRO know what kinda work or situation you did that led to your condition. I got the idea of mentioning actual evidence submitted from a recent post about a DRO. That post said to read off a prepared list of evidence. I tried writing that down and didnt like how it sounded as I practiced at home so I decided to go the "storyline" route of mentioning it.

[spike]

my knowledge leads me to know that a quick review of your file and your request should have been in order to refresh the s.o. of the case with the dro. however a dro review is informal. a so can ask questions to plead your case and try to persuade the dro. the dro can ask you questions as well. i am interested in knowing who from the nys office represented you since i know them (VARO employees) and who the dro was as I know many of them....i end up speaking to them on occasion.

Edited December 18, 2008 by spike