Continued Appeals Process

[Ricky]

I am in the process of tearing apart the SOC that I received on my case and submitting my VA 9. However, it is a personal goal in my life to come face to face with the idiots they call DRO's in Montgomery VARO. Therefore, I am willing to add the additional time to my appeal to make this happen but I do have a couple of questions: During the DRO hearing is it possible to receive an on the spot approval of the disabilities you are appealing? Is it possible that after the hearing there will be maybe partial grants of appealed items? If no changes are made after the DRO hearing will I receive a SSOC?

Ricky

[Guest Berta]

I would say yes to each question but that doesn't mean they will do what they Could do-

Here is the DRO Job Description from M21-1:

I had to send it to my DRO- she didn't have a clue what she was doing- I was her first claimant as a DRO-

I had to have them rescind their first SOC and then prepare another- she messed that up to-

then I dropped a dime on them with the IG-they all hustled to do something- dont know what- with my claims-

Last week I had to tell them how to handle one of my claims- I was livid- it sat there for three years already- a legal issue that only VA counsel can decide---the dopes told me last week this claim was in appeals-

I fired back say what? they never gave me a decision on it to appeal-

I said it should be handled by the OGC-

The day after they got my letter it was sent to the OGC in Wash-

I am furious that I seem to be doing the DRO's work on my own claims.

I

DRO_Important_job_description.doc

[john999]

Ricky

As Berta says, the answer is "yes" to each of your questions. If you have a spouse bring her so she can make a statement on the record about how your disabilities affect you. I think it is a good idea for you to go face-to-face with the DRO. It worked for me. Be ready to horse trade a little bit via your service officer. I think the DRO's are motivated (maybe just by their ego) to try and settle the appeal. Your service officer should present your case for you so that you don't have to argue with the DRO. If you can get what your really want out of this hearing it is worth the effort and time.

[pearl]

Berta, how did you get so fortunate to be her first claimant? It is amazing how some of the raters just don't know what they're doing. How did she take you sending her the job description? I love your tenaciousness.

Pearl B)

[Ricky]

Thanks. Is there any documentation (VA generated) that details what must be in a SOC. I understand that it must contain the evidence reviewed, pertaintent laws and regulations etc.... However, I remember reading somewhere that they must at least include the rationale used to deny the claim. In my SOC the reasons for denial were very generic. the only info contained was "does not meet the requirements". No disucssion of my medical evidence submitted, no disclosure of VA held refuting my evidence etc. I thought that was what the SOC was supposed to do - provide info in which the veteran could use to sucessfully appeal his claim.

Ricky

Ps. John I do not have a service rep so it will be just me and the wifey who I am going to have to handcuff during the hearing to keep her from beating the crap out of the VA Rep.

[Ricky]

I promise guys this is the last question. What part of CFR discusses disease's such as stroke, ms etc... that can affect a wide array of body systems and each system affected must be rated seperately?

Thanks

Ricky

[SLEDGE]

Reasons and Basis is discussed in Gilbert.

89-53 Gilbert v. Derwinski USCVA

http://www.hadit.com/uscvagilbert8953.htm

Enjoy

sledge