Dro Hearing

[71M10]

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

[Berta]

I named one of the DROs and the director of the Buff VARO in my H VAC testimony Quint and it is published at the H VAC web site under last week's hearing.

I was surprised they published that -they asked for my bio and this is what I thought would be actual public record- if it is the DRO I named there (and anyone can read this) I sure hope she has learned how to read.

She claimed she couldnt read my initial IMO to my vet rep but was able to read a VA quacola opinion a few months later.

Which was completlely knocked down by me and my IMO doc-

I got Susan (VSM)to CUE one denial by sending her the DRO job description and got another DRO review-but by the same DRO-not kosher-

so she was -regarding my claim-illiterate twice.

Yes make them stick to their regs and if not make them cue themselves-

they hate it when we know this stuff and use 38 CFR against them.

[71M10]

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.

Quint,

That last line is an informal conference not a hearing. I am quite willing to do an informal conference with the DRO, if that doesn't wake them up than you can always pursue a hearing. in fact M21-1MR states the veteran can request an informal conference (doesn't say it has to be granted). However, the wiz kids in Detroit say you can't have an informal conference, only a formal hearing. They still say this even when I pointed out m21-1MR says you can.

Unfortunately, when the rules arn't followed it leaves us vets twisting in the wind wondering at what point you become a target for pursuing your rights/due process. VA can be a spitefull and malicious organization, just ask Keith Roberts.

Berta, I have in writting from Detroit VARO that I have 60 days from my completed Denovo review to file my form9.

I guess what really torques me off, is one of the issues (heart enlargement) shouldn't have been missed. Thier doc says as likely as not related to SC hypertension, SMR has an x-ray report where one doc thinks heart is enlarged (marginal note), current chest x-ray, MRI, and Echocardiogram(50% LVEF and diastolic dysfunction) all say the heart is enlarged. There is no dissenting medical opinion, and I specifically asked for a rating in my statement in support of claim. The clinicians guide and M21-1MR both say rate it if present. The idiot drawing a salary from the BVA will face no repercussions for the poor job he/she did on the rating. Its done, its a work credit, it counts no matter how wrong it is.

Best regards,

Tyler

[Quint7]

Same DRO I had Berta..............

Man I'm really stressed now. My main issue was just plain SC my IVDS/DDD using the VA Training Letter on IVDS/DDD, a Nexus letter/IMO from my primary Doc of the past 10+ years and a IMO from Dr. Bash. Like I said, she sat there saying nothing (had not reviewed my file), only occationally saying that an issue (like a CUE for my knee to get an EED for SC @ 10%) needed to be filed under a new claim. No back and forth, nothing. She is also the one that cancelled my hearing a month and a half earlier with 3 days notice to NYS DVA and NO NOTICE to me.

I really want all of this crap to just be over so I can get on with my friggin life. I can't even plan a vacation because heaven help me if I'm not sitting next tot he mailbox to respond to VA or it will add another 4-6 months as I go tothe back of the line.

[yoggie2]

71M10, maybe I can shed some light on this or maybe even confuse you more I dunno.

my case is almost exact as yours.

1. I filed a claim and got a ridiculous denial.

2. I file an NOD 4 days later and a request for a DRO hearing that was to take place in 4 months and took up over a year I also never received any type of SOC (Statement of Case) what they based there facts on on the denial.

3. I also added my foot as a new claim in Sept08, Oct08 I was having my C&P done for my foot.

4. Jan 09 Still no word on my foot but am now having my DRO Hearing and it was more in line with what kind of facts I had and what I intend to fight them with and more inline with the DRO officer looking very bad and a claim that was done very badly and want it just to be over, but I liked feeling I was drilling them with the facts and I was hitting him with the bombs aka "major screw ups" in my claim. But for the most part there minds was supposed to have been made up before I walked in the door but he asked me what did I have for him today because his case was so bad he just wanted to see how much I knew and it turned out to be quite a lot and yes it was taped which brings me to another important part if there taping you it should be ok for you to tape them and I'll tell to why..

5. I get the trans scripts of the hearing and I was tickled because I just wanted to see where I drilled it home, well what I received was a watered down version of events and edited trans scripts. Where is was me cornering him it was him making statements that I didn't provide him or his cracked team with enough evidence to find evidence crucial to my case and him thanking me for finding it that never happened it was more down the line of him note wanting to answer my questions verbally just shaking his head? I looked at the recorder and at him and said so you are going to grant my stressor?? he looked at me heated and said yes lets move on, he did not want me to dwell on it cause the screwed up. and if they did not like the facts of where I caught there screw ups it was edited as if it was "inaudible" he also stated after I submitted my JSRRC statement, he said OK that's fine, in the trans scripted it has him stating oh OK it looks like you could have probably been there or around combat. I assure you had this man said that they would have had to pull me off his ass. Also he asked if I would go to a hearing I said what for? I have all these current medical records with the same facts from doctor a mile deep and wad grant SSD for these very same disability claims? will you take a couple C&P's I said yes that was 3 months ago I have still heard nothing from them. And again in the trans script it was watered down as if he asked and I asked why and he asked wil you take another C&P and I said sure. I also cought them being lazy and purposely trying to stick me with a BPD to deny my claim and I called him on it and it looked like the 3 stooges were running the VARO but they fixed it all in the trans scripts and what they couldn't fix they edited it out as inaudible.

ok with that being said I personally feel this C&P examiner is wanting or his only recourse to fight my solid claim is to wait out a long period to where he will have to send me to more C&P's because the current ones now will be out dated and provide him a chance to low ball me on new exams JMHO..

I also have been told by my VSO it could be as long as six month before they even get to my claim to rate it, but remember he is wanting to hit me with more C&P's so it could be closer to a year but I have them just the same and the only reason this man would do this to a rock solid claim because he can. Take your self a recorder and go prepare and don't be fooled if your claim is good they will be looking for an out with what you say and present.. Rich

[yoggie2]

My point is they VARO DRO hearing officer can take as long as he wants and will uses the hearing to correct any screw ups or what you have caught them at to straighten out to look as if you cleared this up on your lack of information, I to never received an SOC and I feel after all I been through the reason being they have no evidence to back up a BS denial, they "pulled it out of thin air". and it could take up to a year to get a decision after a Hearing, to tell you the truth I wouldn't have it any other way..DO NOT turn them loose to just re-rate your claim they'll just parrot the same old decision and just add time to your claim. If I didn't have so much time invested in this claim I would filed it right the first time but trying to reinvent the wheel again will cost me 3 years of my ongoing claim that the DRO Officer admitted they screwed up, and again was also missing from the trans script. Again good luck bro ......Rich

[71M10]

My point is they VARO DRO hearing officer can take as long as he wants and will uses the hearing to correct any screw ups or what you have caught them at to straighten out to look as if you cleared this up on your lack of information, I to never received an SOC and I feel after all I been through the reason being they have no evidence to back up a BS denial, they "pulled it out of thin air". and it could take up to a year to get a decision after a Hearing, to tell you the truth I wouldn't have it any other way..DO NOT turn them loose to just re-rate your claim they'll just parrot the same old decision and just add time to your claim. If I didn't have so much time invested in this claim I would filed it right the first time but trying to reinvent the wheel again will cost me 3 years of my ongoing claim that the DRO Officer admitted they screwed up, and again was also missing from the trans script. Again good luck bro ......Rich

Thanks for the info!

A second tape of the hearing sounds like a fantastic idea!

Best regards,

Tyler