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I Have A Dro Hearing Today


yulooking
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Question

i dont no what go on but i will be at hearing be any advice this is about my cue claim. iam 90% sur i can win check last post for more detail need advice fast i am about to leavee for hearing

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  • HadIt.com Elder

RELAX!!!

That's the best advice that I can give. Know what you want to say before you say it. Write it down on a piece of paper before you go into the room and read off that piece of paper. Nerves can't fog up thoughts that are written down. Tell them exactly why you think that they made a clear and unmistakable error on your claim and tell them exactly what law or regulation that they broke.

The DRO is just a working stiff like the rest of us. He gets up and puts his pants on one leg at a time just like the rest of us. He is not out to get you, or pull a fast one over on you. He is there to listen to you and match your claim up with the applicable laws and regs. This is just a dance.

You are better off without the VSO in my opinion. Any person, VSO or otherwise, that is willing to drop a client at the eleventh hour probably wasn't going to be much help to begin with. Since no one knows your claim better than you, or cares more about it than you, I think you are much better off serving as your own counsel.

Go get 'em!

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I sure agree with Rental Guy- keep them focused on the legal errors they made-

someone posted here somewhere how to find a good VSO-

I say-look in the mirror!

Although there are plenty of good SOs out there-they are all absolutely overwhelmed.

Most of us here only have one or a few claims and they have hundreds of claims-

Good Luck Yoggie.Try to bring all your CUE stuff with you.

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thank i am well perpare he did not do much for me any way i will take it easy and let my case do all the talking thank again

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  • Moderator

I had a VSO withdraw on me because they indicated, something to the effect, that my claim was unlikely to suceed.

I persisted anyway and won at least partial benefits.

It may even be to your advantage that they withdrew..I think it was for me. Here is why I think so:

If the VSO withdraws, and the Veteran looses his case, the VSO could be seen as in collusion with the VARO/BVA. In other words, the VSO "decided" your case.

So, The VARO/BVA does not want this to happen, and they are more likely to approve. The RO's and VSO's are already being accused of collusion..especially when they are in the same building.

Yea, I know that seems like a big "blow" but at very minumum that was a foul ball, and you still have at least two more strikes to go.

Keep your eye focused, but be relaxed. As I said, the pressure is on them, because the bases are loaded. Remember that 95% of Veterans eventually succed with their claims, as long as they dont give up.

Even if you loose this hearing and get an unfavorable decision you still have several more "at bats".

...You can appeal at the BVA..if you loose that you can appeal at the CAVC..then go on from there and you pretty much get a lawyer for free, the way I understand it, if you get to the CAVC. I filed a writ of mandamus at the CAVC and got a dozen or so letters from lawyers wanting to represent me.

Hope this helps a VEt.

Edited by broncovet
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  • HadIt.com Elder

I would say if your CUE involves lots of retro the DRO will probably pass it up the line. Before I go to the BVA with this thing I would hire a lawyer since CUE's revolve around legal issues. Just give it your best shot. Your DRO probably does not want to be the one that grants a claim that means many thousands of dollars in retro. Why not just pass it off to the BVA and pass the responsibility on as well? I just had the same experience with the DRO admitting in the hearing that the orginal rating was too low and then reversing himself when he made the decision and denying the CUE. It was the fact of a few hundred thousand dollars in retro that gagged him. The thing is to not make any mistakes they can use to kill your CUE on legal grounds.

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I must say that I'm very inexperienced in this but agree very much with rentalguy and Berta. Look in the mirror, you can represent yourself as good or better than most anybody. Also never give up....you have already come a long way.

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