Dro Hearing Oct 14

[carlie]

Yesterday I attended a DRO Hearing at St Pete RO with

a buddy of mine, it was his DRO hearing.

He still has DAV as a rep and we went there first and met

with the DAV rep prior to the hearing.

Funny how ...

this buddy of mine called the DAV for two weeks prior to

the hearing to try and talk to a rep and they never called him back.

Yet when we go into the DVA office, his rep that was assigned

acted like my buddy and her were old friends - not.

Funny how ...

the DAV rep and the DRO overly emphasise (sp) that this is such an

informal process, of course merely a fact finding mission,a procedure that is

completely non-adversarial --- right --- that is why they both smile

so nice and behave soooo friendly,

that is until they start recording the hearing ------ woosh ---

the smile and friendly disappear.

Suddenly, the DAV rep and the DRO hit professional mode and have to

actually read printed script from 38 CFR into the hearing record,

trying to ensure they dot their i's and cross their t's.

You would have thought this DAV rep and the DRO were a high school tag team.

Funny how ...

they both .. on record .. tried to convince me that Diagnostic Codes

DO NOT HOLD MUCH IMPORTANCE and how easily they can be changed, even

if VBA has already rated a vet as SC'd under a specific Diagnostic Code.

Funny how ...

I had been sworn in when the hearing began - and these two so called

educated adults, just assumed I was the vet's mother and addressed me

as such.

No - I did not correct them, nor ever illude that I was his mother.

Funny how ...

They both dropped their jaws,when they asked me,

if I would like to say anything on my "sons" behalf.

I just reach over infront of my buddy and flipped a folder open that

I had prepared and taken to the hearing.

Funny no longer ...

as I read a few pages of rules and 38 CFR regs, Diagnostic Codes and quotes from

medical records that were in VA's possession, but not listed in the Evidence

or discussed at all in the Reasons and Bases Sections of the Rating Decision.

Funny no longer ...

as I addressed one of the issue's, service connection,

granted at zero percent for Diagnostic Code 5296 -

Skull loss - and surgical records showing six surgeries,

to include a Medpor - titanium coated implant,larger than a quarter,

a major surgical re-constructive procedure done to replace

shattered bone from a MVA roll-over in Afghanistan.

Funny no longer ...

as I am shown once again, that this VBA adjudication system

is the true location, of where ... the real scammer's reside.

carlie

[Pete53]

Congrats for helping a Veteran who had a snow balls chance in hell till you opened up with evidence and rules.

[halos2]

Carlie,

Wow you never stop amazing all. It is so great you have the time/energy/will/knowledge/and tenacity to go forth and help this vet. Yes it is so true when the vet or in your case vet's friend puts forth the effort with the whole process the VSO sits there and pats themself on the back and says"we did everything we could, we did a good job!" "WE" who?? Hey buddy you sat on your azz and did nothing/notta/zilch/zippo/naught and dare claim victory when the outcome is positive! This friend of your's has a loyal person looking out for their interest and I know he is thankful for having "YOU" in his corner. Keep up the good work.

BTW mom, you never told me you had this mysterous son?? See how the VA assumes and sugar coats everything...they are so full of themselves they can't see past their nose. They think they are so superior, and when someone as you can quote regs, they are shocked, take a step back, probably get pissed-off, and get put in their place! They need to take heed, and yes VIRGINIA, lay vet people are smart, and have the desire and will to WIN!

A++ for you Carlie girl!!

I bet the DAV will have their hand out when he wins his case, way to fight them with facts Carlie.

[allan]

Thank you Carlie.

Not only for being there for this vet, but for helping many of us.

Why do we feel the NSO's are in bed with the DVA?

[john999]

VA employees believe veterans are dumb. They are shocked when they find out different.

[carlie]

Thanks to all that posted.

I feel confident that this DRO Hearing will result in some additional

C&P exams being ordered and that's fine.

All I hope to happen,is that my buddy gets a fair shake in the deal.

Something that really bugs me is when inter-acting with either a service

representative or an employee with the VBA/RO, they absolutely

do not like it at all when the veteran actually knows a thing or two.

I find it so obvious that they feel threatened because you know

a little something.

To me they even appear to feel threatened when you ask them specific questions.

I think some times this maybe because they are scared you are going to ask

a question that they don't know the answer to.

The way they both tried so hard to convince me that Diagnostic Codes

have very little value. I told them both I completely disagreed with this

as the Diagnostic Codes themselves show the exact medical criteria one must

meet to reach each different percentage level of disability.

When the DRO Hearing was over and the DAV rep was talking with us

I kind of baited her with a question and said to her, "Gosh, the

DRO Officer looked so young, what is he, about a GS 10?"

And she replied (which I already knew) "No, he's a GS 11 - he has to

be at least a GS 11 to hold a DRO Hearing." To which I replied,

"or the Veterans Service Center Manager."

I thought her eyeballs were going to pop out of her head ~ lol.

carlie

[carlie]

JUST FYI -

Another thing the DRO and DAV rep said is, very soon c-files

will be a thing of the past since VA is going completely electronic.

It's happening right now.

Tbird reminded me that she recently requested a copy of her c-file

and the VA sent it all to her on a computer disc.

I feel there will be pro's and con's to this.

carlie