Dro Hearing

[Mr cue]

it just seem to me there are a lot of us vet on this site wait for transcipt. or a decision i believe these hearing are cost us time if u go informal does that mean its not tape and a decsion can be made or is just part of there game. and who does these transcipt are they all done one place. if so goto school to be court typer because the va will be looking for these lol

[militarynurse]

yulooking,

There are 2 types of DRO's:

1) DRO De Novo Review - on this one the DRO is supposed to take a

complete new look-see at your claim and evidence, and form a decision

that will be sent to the claimant or the claimant's representative.

2) DRO with a Hearing - this one will be recorded and the claimant or representative

will get a printed transcript of the Hearing.

In the transcript it will be seem like the VA transcriptionist tries on purpose to make the claimant's sound like dummies.

Example -

DRO -

"Thank you for coming to assist us in resolving your claims.

I do have a few questions to ask just to clear some things up.

When did you first have this injury?"

Claimant -

" During my third year of active duty, ummmmm, while I was stationed at

Fort Hood, Texas, I was asked to change the light bulbs in the hall.

I went and got the ladder and went back up the stairs with it, (claimant coughs) as I was

turning on the second floor landing and trying to balance the ladder a (inaudiable) the next

thing I know I ummmmmm, (claimant coughs) woke up and my head was bleeding from

the (inaudiable) and I was carried to the TMC.

What I am trying to show here is that the DRO Hearing Officer's also clear their

throat's and/or coughs during the Hearing - but they don't list that in the transcripts.

I have read Hearing transcripts where the DRO was stumbling over their questions

and even forming a question wrong and immediately - re poses the question ----

but for some "strange" reason - this is not shown in the transcripts.

I base my conclusion,that the VA transcriptionist tries on purpose to make the claimant's sound like dummies, from reading a minimum of ten DRO Hearing transcript's.

They ALL read like the example I posted above.

jmho,

carlie

It would seem to me that transcripts are supposed to be just that...accurately recording what went on, not abridged versions of the hearings favoring the VA that they may use to hide behind. ;)

[Testvet]

In my opinion it helps to look the people in the eye while in the same room with you, in my case my DRO hearing was scheduled for Jan 6 2005 On Jan 2nd the SO called and stated the DRO wanted an "informal meeting" rather than an "official hearing" he implied it would be in my favor to go off the record, (I agreed because I had obtained copies of the 4 General Court Martials that were me proof of my stressor, that 7 men beat me unconcious and robbed me and left me to die, in a snowbank at Fort Wainwright, Alaska in Feb 5, 1975) three of the men turned govt witnesses against the 4 that were courtmartialed they were given Filed Grade Article 15s and given BCDs, the 4 went to Leavenworth for 15 years.

Also in November 2004 at my shrinks insistence I had written the White House (President Bush) a letter explaining the mess I was having with the VARO and my many medical problems and the many problems I felt were related to my medical health (human guinea pig in chemical weapons and drug tests at Edgewood Arsenal) http://www.edgewoodtestvets.org/ the attack in Alaska, a close friend being killed in Germany, many accidents and deaths at Fort Irwin in training accidents in 1981 and 1982. The VARO was pizzed at me for writing the WH, that is why they requested the "informal meeting" so they could verbally abuse my wife and I for an hour, the DRO about chit when I handed him the 4 General Court Martials. I left the meeting with the idea they were going to approve my PTSD at 100% and my heart problems at 100%, in April 2005 they sent the award letter granting me 50% for PTSD and denying the heart problems. Needless to say I felt kicked, the very next day Iwent to Assembly street and filed a new NOD based on the lowball award and denial of the heart problems.

In May 2006 after getting caught lying to then Senate VA Chairman Larry Craig about my use as a human guinea pig in 1974, the RO based on doctors records stating that he considered me permanently and totally disabled just by my PTSD symptoms alone, regardless of all other health issues, and he felt given that I had been badly coping with it for the past 30 years and my GAF was 30, he did not see anyway possible that I would ever improve. They awarded me 100% P&T for PTSD and still denied the heart disease. Now I have a lawyer appealing the heart disease.

I still think it's easier to settle it locally, but if you can't keep appealing and don't quit until you run out of options, and as soon as you can get a lawyer involved, for 20% I want them to make as much money as they possibly can. Since I turned the messover to my lawyer, my stress levels have gone from going "postal" to wanting to work for the phone company occasionally (reach out and touch someone, occassionally) lol that's just my opinion

[Mr cue]

i had a hearing when my appeal first strated with rating sp in jan of o8 idid not get decision until oct 08 was told wait on trans got denied with out aword about what i said at hearing ask for hearing with dro had one jan 09 still wait on transcript.now tell me if u have a hearing and there not using what is say then y not have informal were there is no transcipat and what can they say is hold up just my thought. but i am in the wait for transcript va game to.

[Pete53]

In 1996 I walked out with a promise to have an answer that was in my favor in 3 Business Days and true to his word I got it.

Don't be afraid to ask the DRO what their thoughts are on your claim. You have a lot invested and deserve a fair answer.

[halos2]

Dro with De Novo and personal hearing with transcript....what a joke. They play the game of deny no matter what information and facts you present. they want their bonuses. It is a farce, and they take forever to sent you the transcript and delete so much information, they make that too look in favor of the VARO. Pitiful. ;)

[sixthscents]

Wow..ok, Carlie.. all's good I respect your opinion. Please note I state "In my experience" and that's what it's been. You and many others have much different experiences, and I understand why you believe it will add to the time. I even agree that probably, based upon your logic it would. I am just stating what I have seen. In my experience it does not seem to add any significant time to the claim overall.

And no, I think you are dead on in stating that a veteran should NOT walk out of any meeting with th expectation of a check in days/weeks. A veteran should walk IN prepared to clearly state and evidence their claims. I feel that if a veteran does this, they will get a fair and impartial hearing. (of course there are exceptions, but again I am speaking from MY experience). Veterans need the exact same things for the in person review that a good claim needs typically which are:

A. clear diagnosis of illness or injury

B. a clear nexus connecting this injury to the veterans service

C. A reasonable description of the extent of injury or illness and projections for later improvement or decline.

D. and of course, evidence that the veteran filed for compensation for this injury etc.

exactly the same points that a good claim should meet. Plus the veteran should be somewhat versed in how the VA weighs evidence, and the requires thesholds for the injury or illness they are claiming. (otherwise how could they file a decent claim)

what I see again and again is that veterans are ... reluctant to open up CFR 38 and start reading. New veterans asd well as old ones. Also, I commonly (as in a claim im overwatching right now)see veterans who believe that filing for an injury of illness sustained and evidenced is somehow immoral or cheating.

In nay case Carlie, I think you have a great deal of experience, so perhaps you are correct - probably are in fact. Again I was speaking from my experience and my advocacy work solely.