Dro Hearing Completed In St. Petersburg

[slphelan]

This a.m. I completed my DRO Hearing. It was a formal hearing between my VSO, the DRO, and a DRO that was in training.

If you have never had one of these hearings and are looking for input here is mine.

1. I reported at 08:00 to the VSO. My VSO is from the Florida State of Florida Dept of Veterans Affairs we had never met prior to our meeting this a.m. We sat down went over my file he was completely up to date except for the new evidence I had to submit.

2. He instructed me that he would conduct the hearing and ask the questions to present my case in the best format to get a favorable rating from the DRO.

3. He seemed to know the DRO pretty well for the things he told me in our briefing about her was true and is what happened at the Hearing.

4. He asked me to submit the new evidence during the Hearing when he asked me a question about any new evidence. I submitted.

a. a rebuttal letter about the C & P Exam by the PA and not by a specialist.

b. IMO by Dr. Bash which they already had.

c. Buddy letters from myself, wife, and two previous service members that knew of my medical problems on active duty.

d. Case reports from the BVA on cases that won there BVA hearing with less or the same type of evidence in my appeal.

e. Medical journal article that the IMO Dr. spoke of in his evaluation.

5. The Hearing started on time She introduced herself and the training DRO. My VSO introduced me and the hearing began.

6. She gave instructions and then asked me to swear or affirm to the testimony that I was about to give.

7. Next she called the dictation system and started the Hearing.

8. She turned the hearing over to my VSO and he had pre planned questions that he asked of me as he referred to them on all 4 issues on appeal.

9. Once he finished questioning me he turned the hearing back over to the DRO she asked if I had anything I wanted added to the record that I felt needed to be in the transcript.

10. The VSO then made a closing statement that summarized what we were seeking and why we should have it granted.

11. The DRO as he had instructed me earlier then stated that both the VSO and I would get a hard copy of the transcript once it is available.

12. She stated she would review the entire claim file again, review all new evidence as well as the IMO, and that she may have to order another C & P exam prior the her making a decision.

13. She asked no other questions, made no comments other than the ones listed and ended the hearing.

My VSO had stated earlier that the case looked good with this DRO as she was the type to look for a reason to grant a claim as opposed to the ones that look for a reason to deny a claim.

14. I like how the VSO had his prepared questions and opening and closing remarks completed prior to our meeting since I had never had any previous contact or correspondence with him. He seemed quite knowledgeable of VA and presented a sound and viable case. After reading here I was surprised but pleasantly surprised. If anyone is having a hearing at the St. Petersburg Regional Office I do have names but will not post them in this post. I had heard bad things about the VSO's at the state level and I am and was prepared to take my case to the BVA, but this one in my opinion did and excellent job presenting the claim and evidence even if I don't prevail on all the claims. Thanks for your help here on Hadit.

[militarynurse]

I recently had a DRO Hearing at the St. Pete VARO on a CUE claim. I had a lawyer with me. The DRO sounded sympathetic at the hearing, but I got the expected denial. The transcript was was scrubbed to erase the statements by the DRO where he agreed with us. The DRO process is not a magic wand where very difficult claims are won. I think the difficult claims are kicked upstairs to the BVA. For instance, if you are trying to make a connection between a disease that is not on the AO presumptive list I don't think a DRO is going to do that. That is just too heavy for them.

B) I'm not surprised that you mention your transcript was "scrubbed", as mine was too...so badly it is largely incomprehensible. However, that is NOT what a transcript is for. How is the VA able to get away with this baloney? Why bother with a transcript of a hearing if the VA can edit is anyway they like to the detriment of the Veteran? What's the VA's regulations say about this "editing" of transcripts?