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Am I Legally Entitled To A Dro Review/conference
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cannoncocker
this is what I entered into the IRIS system attempting to obtain the following:
Before I obtain an IMO and complete VA Form 9 selecting BVA hearing I request:
1. Statement of Case (were the two mailings referenced above the Statement of Case?)
2. I never received a DRO review that Is documented as requested.
3. I never recevied the DRO personal conference.
So far all I recevied was another written denial. Am I not legally entitled to a DRO personal review and conference if requested, which I did? If not I will accept that and move on in the appeals process, but I would still need clarification on the Statement of Case (SOC) or (SSOC).
This was my entry into iris
**********************************************************************
I have received 2 packages from the Winston Salem VARO.
Mailing 1
1. Dated June 22 2009
Rating Decision
Introduction
Decision
2. June 23 2009
318/YRO/VAB
CSS XXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX
Dated 30 June 2009
1. I replied to the above decision in consultation with my DAV VSO Representative on form VA Form 21-4138 Seeking Reconsideration for my lumbar spine injury.
a. W-S VARO Acknowledgement of receipt of my written disagreement with Department of Veterans Affairs Decision of June 23, 2009.
318/213/PAD
CSS XXXXXXXXXXXXXx
XXXXXXXXXXXXXXXXXX
Additional evidence regarding Lumbar Injury Denial
b. W-S VARO Acknowledgement of receipt of my election of the Decision review Officer (DRO) to handle the appeal.
c. IRIS [inquiry: 090702-001052]
7008 2810 0001 1824 0040 date 03 July 2009 evidence
7008 2810 0001 1824 0033 dated 06 July 2009 evidence
Mailed USPS Certified Mail with Receipt copied in previous post in this inquiry for Request for Reconsideration Denial (Medical Description: Lumbar spine injury with radiating through buttocks and down legs). Response directly to 318/YRO/VAB
CSS XXXXXXXXXXXX
XXXXXXXXXXXXXXX
DECISION Dated June 22, 2009
enclosed Durham Neurology Dept. Notes
d. IRIS [inquiry: 090727-000693]
I select in consultation with my DAV Representative Mr.XXXXXXXXXXXXXXX
Asheville VAMC DAV Service Officer (828) 298-7911 EXT.15349 option 1,
the Decision Review Officer (DRO).
e. [inquiry: 090802-000091]
Currently your appeal is still pending review with the DRO. During this process, the DRO will review all evidence, arguments, statements from your representative, and any other pertinent information as it relates to your claim. At times, this can lead to a request for additional evidence. In addition, the DRO may request you participate in an informal conference with the DRO to clarify questions regarding your disagreement.
f. [inquiry: 090807-000262]
Dear Mr. XXXXXXXXXXXXX
This is in response to your inquiry of August 7, 2009, regarding your VA benefits.
We are able to assist you with both of your requests. We have forwarded your inquiry to the appeals department at the regional office to request a hearing with the Decision Review Officer (DRO) be scheduled. It may be some time before you receive a response to your request, as appeals issues are processed as they are received, oldest to newest.
XXXXXXXXXXXXx
National IRIS Response Center Manager
jmb
The appeal process, is when you disagree with a decision the VA made on your claim. At this time you may elect a Decision Review Officer (DRO) reviews your file and issue a Statement of the Case
g. submitted Charles George VAMC ATTN: FEE BASIS Approval of epidural injections, which I declined, but corroborates the hand written notes explaining my therapy options and pain orgin from S1 pinched nerve/degenerative diseases/L5S1 herniated disc.....
Mailing 2
1. Dated august 19, 2009
318/AUTH/LLS
CSS XXXXXXXXXXXXXXX
XXXXXXXXXXXX
Stated in reference to my request for reconsideration for lumbar injury:
The previous Rating Decision denied service connection for a lumbar spine injury.......
you submitted a statement requesting reconsideration of this issue.
It acknowledged receipt of VAMC Durham reports, this was not a report , it was hand written notes on the Neurologists stationary stating orgin of pain/treatment options/ he verbally stated and pointed out the age of the injury on the 2008 MRI by distinguishishing the dark and light disc fluid leakage which would be apparent to any Neurologist.
Review does not show that your current lumbar injury was incurred in or caused by your military service.
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Before I obtain an IMO and complete VA Form 9 selecting BVA hearing I request:
1. Statement of Case (were the two mailings referenced above the Statement of Case?)
2. I never received a DRO review that Is documented as requested.
3. I never recevied the DRO personal conference.
All I recevied was another written denial which included decisions on 2 deferred items. Am I not legally entitled to a DRO personal review and conference if requested, which I did? If not I will accept that and move on in the appeals process, but I would still need clarification on the Statement of Case (SOC) or (SSOC).
I accept denial of my psychiatric claim as I have no in service documentation but that is absolutely not the case for the lumbar injury.
Sincerely,
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