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Dro Hearing

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71M10

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71M10 Mentor

71M10

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Greetings all:

Will VA schedule the DRO hearing at the beginning of the review(to establish/clarify issues) or will they essentially do the Denovo review than have a hearing for your 2 cents, then finalize the decision?

Second, how long does it usually take to get a DRO hearing? My first appeal they made a decision deffered one item, wanted to give me a hearing between the SOC and SSOC (which they never issued). I cancelled that hearing (they called it a post-decisional hearing) and asked them to work the new claim and provide the SSOC on the original appeal. I now am appealing the Nov 08 claim for increase and waiting for a DRO hearing. They never have decided the deffered item from the first appeal and I am going on two years now of getting an 18+ year old added to the claim.

I suspect that most of my problems stem from a limitation of VA's ability to keep track of multiple actions. It seems the system is only set to keep track of 1 action at a time. whan a new action surfaces all other pending actions are forgotten?

Can anyone confirm this?

Best regards,

Tyler

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Quint7 Rising Star

Quint7

Posted
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DO a search. We have been beating up DRO's a lot lately.

I had my hearing in Dec. and as of the Iris reply I got today it is still 'waiting for the tape of the hearing to be transcribed so that the process can move forward". yep, 3 months to type out a 20 minute conversation.

The DRO I had wouldn't even open up my file until the transcript was returned she said. She didn't know why I was there, she didn't add anything or ask any questions. She just sat there saying "that will be addressed when I review the claim".

All of that took place at the beginning obviously.

Good luck. I totally agree with you that they cannot multitask. My $*@& vet rep thinks just like them. "Don't put in for PTSD til we settle this issue with your back". OK......... my PTSD claim took 4 months start to finish. That's a LOTTA cash that would NOT be in my pocket, along with the medical benefits, Voc Rehab, etc. that I wouldn't have qualified for.

Ask around on here. The main players will set you in the correct path.

Good luck!

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Jayg Proficient

Jayg

Posted
Posted
DO a search. We have been beating up DRO's a lot lately.

I had my hearing in Dec. and as of the Iris reply I got today it is still 'waiting for the tape of the hearing to be transcribed so that the process can move forward". yep, 3 months to type out a 20 minute conversation.

The DRO I had wouldn't even open up my file until the transcript was returned she said. She didn't know why I was there, she didn't add anything or ask any questions. She just sat there saying "that will be addressed when I review the claim".

All of that took place at the beginning obviously.

Good luck. I totally agree with you that they cannot multitask. My $*@& vet rep thinks just like them. "Don't put in for PTSD til we settle this issue with your back". OK......... my PTSD claim took 4 months start to finish. That's a LOTTA cash that would NOT be in my pocket, along with the medical benefits, Voc Rehab, etc. that I wouldn't have qualified for.

Ask around on here. The main players will set you in the correct path.

Good luck!

I go for my hearing next Tuesday. What my rep told me is that all those transcripts have to go to Detroit to be typed up.

I will say I have been through one of these before though that was many years ago. It was much different from yours being a definite question/answer session with some questions making it clear the DRO was conversant with my file. My wife was allowed to testify too.

I'll report on how this one goes next week.

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71M10 Mentor

71M10

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If all tapes do indeed go to Detroit for transcription, than I understand why appeals take so long!

Detroit is my VARO and life would be much simpler if they would simply read what has been sent to them. 2 year olds follow instructions or respond to requests better than they do!

Best regards,

Tyler

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Berta

Berta

Posted
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I hope the older claim is still pending. ????

The DRO will probably

only have jurisdiction over what was in the SOC that you requested a hearing on-

however DROs can do more then that-

here is the DRO job description:

http://74.125.47.132/search?q=cache:3nC0w-...us&ie=UTF-8

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Quint7 Rising Star

Quint7

Posted
Posted

Berta, you are correct there from what I was told. The DRO barely spoke during my hearing other than to say "that isn't what this appeal is about so you will have to file a seperate claim to have that looked at". She seemed very "I can't believe I have to answer to this puke" without saying so. there was no back and forth, no questions, just me trying to explain my case and the evidence and her and my worthless NYS DVA rep sitting there looking bored. But they sure did suck up to each other in their opening and closing statements on tape. I posted their names when Spike asked and he got upset so I removed them. Well since he (the VSO I had) hasn't returned my calls and the DRO is the DRO, I could care less anymore who's name I do or don't post. This all was after they cancelled my hearing a month before and I took a day off from work, drove 60 miles and got there to be told that not only was the hearing cancelled, but that there wasn't even a VSO in the building to talk to me.

If they do send the tapes off to Detroit that is just one more problem with this system. I'm all worked up now..... sorry.

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Quint7 Rising Star

Quint7

Posted
Posted

Wait a minute............... I just read that link Berta posted.

the DRO was supposed to review my claim BEFORE allowing it to go to a hearing????????

StageDescription1The appellant elects the DRO review process.2The DRO conducts a de novo review of the prior decision.

Reference: For more information on de novo review, see M21-1MR, Part I, 5.C.13.

3Based on a review of the evidence of record, is there enough evidence to make a new decision?

  • If yes, the DRO makes a new decision.
  • If no, the DRO
  • pursues additional evidence considered necessary to resolve the claim, and/or
  • conducts an informal conference to obtain additional evidence from the appellant and his/her representative.

So she should have reviewed my claim and evidence ahead of time???????

She didn't even know what it was I was appealing!!!!!!

It's gonna be a BAD day today.

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