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Nod/dro Va Obligations

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cannoncocker

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I have submitted a request for reconsideration to the VARO. They responded by requiring me to choose between the "normal appeal process" or the DRO Process. I selected the DRO process. They acknowledged this choice in writting. I then requested a personal conference with the DRO and submitted new evidence. I started the NOD request on 29 june 09. On 24 August I received a decision on 2 claim items that had been deferred and a rubber stamp denial of my lumbar injury denial. Completely in contradiction to submitted evidence, in writing from their Neurologist, on his stationary, and the approval of a fee basis epidural injection, which the VARO has denied ever happened.

So, the question is, Does the VA have any obligation regarding the DRO process, since they asked me to chose. Their decision came in the same form as the rest of the claim did. They did not accept my request for the DRO conference nor did they deny it. They did nothing but deny the lumbar claim with the same form as the other deferred claims (1 they approved, the other denied) using erroneous information regarding the lumbar injury.

I basically would like to know if they have any obligations regarding this or can they simply ignor it and in which case does anyone have a recommendation moving forward?

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Did you receive a decision or a Supplemental Statement of the Case (SOC). The SOC looks like a decision but is only a review of the past decision.

Hi Sharon, and to start, thank you for caring enough to put your experience and knowledge to work to help those of us not experienced and educated enough to contend with the curve balls the VA throws at us. I started, well actually, not even knowing the VA existed until I ETS'ed. until recently I honestly thought they were straight shooters and were really doing the best they could. I must have been completely out of my mind. They have misrepresented and plain lied to reach their quota or agenda. So much for the ranting.

I believe the answer to your question is no. The following is what I have received in the way of Decision. I received an initial Decision on 23 June 2009 in 2 parts, part 1 starting with "Your Award Amount And Payment Start Date" then part 22 June 2009 VARO Introduction/Decision etc. Part 1 had 2 deferred items and 1 denied item. The rest increased or unchanged.

The second Decision paper was titled "What We Decided" which addressed the 2 deferred items:

1. Unchanged

2. Denied (no problem/less documentation and would only serve to clutter the issue

3. 2nd denial of lumbar injury which was reworded from the Neurology Consult-cut and pasted to fit their needs-ignored/misrepresented new evidence which is easily rebutted by the VA's own Neurologist hand written document on his stationary and the VA evaluations of VA MRI's. So it changed nothing from the original Decision paper. I have never seen a SOC but this 2nd mailing is virtual the same as the first but it did mention my request for reconsideration. Nothing about DRO. It states my current complaints are not related to my service. how they can demonstrate that is beyond me as their own neurologist stated this was an old injury reproducable by the dark fluid leakge.

They did not only review the old case but only addressed the defered items and re-denied the lumbar item but reworded the parts they wanted and deleted the parts they didn't and then they just plain lied. Only problem is their Doctor as he was explaining to me the situation, he was writing it all down. I also have another VA Doctor that drew diagrams of my major lumbar problems, which I have but have not submitted. They should really train their Doctors to not write if they plan on misrepresenting the truth, plus an mri is difficult to get around.

So I would say that I have recieved 2 Decision papers. No SOC. Again, no reference to DRO or any conference.

Do they have no responsbility to deny a DRO or conference or is it acceptable to let you just guess or they just ignore it?

Then a day or so later I received a letter on VA form 20-8992 from my VARO stating they have received my application for benefits. What is that about? I have not requested any fuurther benefits since April 2008.

Anyway, given that I have not received an SOC, what do you think I should do?

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I would go to the VARO and give them another request in writing for a Personal DRO Hearing. Get a copy. As Pete has said you are entitled to a personal hearing at any time with someone at the VA regarding your claim. At my VARO it is taking about a year to get a hearing with a DRO. Your other path is to go to the BVA. That takes two years and if you want a hearing at the BVA that probably takes another year. The thing I believe is that talking to a human being that can rate you is your best bet unless your evidence is just so good that it is bullet proof. I don't believe that kind of evidence exists because you can't make the VA read it. Ask Berta! I know in at least one of my claims the VA did not read or understand the evidence if they did read it.

Now we get to action! Nothing with these guys is going to be bulletproof. Not possible!

Of those three

1. DRO hearing about 1 year

2. BVA about 2 years (no hearing)

3. BVA about 2 years plus 1 year (with hearing)

I am not that concerned with time, what would you think 1 or 3? Sounds like 1.

Edited by cannoncocker
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Hi Sharon, and to start, thank you for caring enough to put your experience and knowledge to work to help those of us not experienced and educated enough to contend with the curve balls the VA throws at us. I started, well actually, not even knowing the VA existed until I ETS'ed. until recently I honestly thought they were straight shooters and were really doing the best they could. I must have been completely out of my mind. They have misrepresented and plain lied to reach their quota or agenda. So much for the ranting.

I believe the answer to your question is no. The following is what I have received in the way of Decision. I received an initial Decision on 23 June 2009 in 2 parts, part 1 starting with "Your Award Amount And Payment Start Date" then part 22 June 2009 VARO Introduction/Decision etc. Part 1 had 2 deferred items and 1 denied item. The rest increased or unchanged.

The second Decision paper was titled "What We Decided" which addressed the 2 deferred items:

1. Unchanged

2. Denied (no problem/less documentation and would only serve to clutter the issue

3. 2nd denial of lumbar injury which was reworded from the Neurology Consult-cut and pasted to fit their needs-ignored/misrepresented new evidence which is easily rebutted by the VA's own Neurologist hand written document on his stationary and the VA evaluations of VA MRI's. So it changed nothing from the original Decision paper. I have never seen a SOC but this 2nd mailing is virtual the same as the first but it did mention my request for reconsideration. Nothing about DRO. It states my current complaints are not related to my service. how they can demonstrate that is beyond me as their own neurologist stated this was an old injury reproducable by the dark fluid leakge.

They did not only review the old case but only addressed the defered items and re-denied the lumbar item but reworded the parts they wanted and deleted the parts they didn't and then they just plain lied. Only problem is their Doctor as he was explaining to me the situation, he was writing it all down. I also have another VA Doctor that drew diagrams of my major lumbar problems, which I have but have not submitted. They should really train their Doctors to not write if they plan on misrepresenting the truth, plus an mri is difficult to get around.

So I would say that I have recieved 2 Decision papers. No SOC. Again, no reference to DRO or any conference.

Do they have no responsbility to deny a DRO or conference or is it acceptable to let you just guess or they just ignore it?

Then a day or so later I received a letter on VA form 20-8992 from my VARO stating they have received my application for benefits. What is that about? I have not requested any fuurther benefits since April 2008.

Anyway, given that I have not received an SOC, what do you think I should do?

This looks more like a reconsideration than an appeal. Call the 800 number and see if your appeal is still pending. When you send in new medical evidence they make have considered it a reconsideration. They may still have your appeal pending.

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This looks more like a reconsideration than an appeal. Call the 800 number and see if your appeal is still pending. When you send in new medical evidence they make have considered it a reconsideration. They may still have your appeal pending.

On the 21-4138 the DAV Rep. and I did for a fact request a "reconsideration". That is for sure. I plan on driving to the VARO and request a hearing with the DRO, if there was one at all. I have been told hear they are obligated to allow me a hearing with the DRO.

So beyond that, since an actual appeal has not been filed, how do I go about filing an appeal? I am done with the DAV rep. so I should call the 800 number and request an appeal with a hearing? Or is there a form that I can complete myself bypassing the 800 number and DAV. I want the decision as far from the VARO as possible because they have demonstrated there is no justice happening at the W-S VARO for me. Time is not the major factor for me on this. Justice is.

Thank you sharon

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  • HadIt.com Elder

Have you had a C and P exam for the back and neurological issues?

I see what they have done. Your back is maxed at 60.

You have to focus on the Sciatica. You need to get a medical opinion using the evidence you have that states your sciatica is directly resulting from your S1 Disk.

The MRI's wil help, do you have the report?

Now here is the kicker. Get your hands on your OR report. The OR report is a play by play of the events that happen during surgury.

It should tell exactly where the narrowing is.

This report was instrmental in my claim and folks who have had surgury should get copies of the reports.

You do not have to have new evidence to file a NOD. You do have to have new evidence to reopen a claim.

J

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