Dro Hearing Schedule

[deyjason]

Good news, I finally got my DRO Hearing date.........That's exciting.....I believe that I have a clear cut case to have my 0% rating increased...I've gathered new supporting evidence where the Dr diagnosed me and described my symptoms using the same verbiage as the rating schedule.......I don't think there's anyway that can't rule in my favor............Has anyone had experiences with DRO hearings? How long did it take to get a decision after the hearing?..........I know each case is different but I was trying to get a general time frame........Thanks for your feedback

[john999]

I would just turn it over to a good VA lawyer since this is an element of stress fo you that you do not need. I cannot comprehend how the VA has denied your PTSD claim. Did you ever file a claim for "nerves" or anthing of that nature before PTSD became a accepted DX? Everything the way about the way the army and the VA has treated up stinks from what we have discussed. You have your C-File correct?

John

[Commander Bob]

.... Did you ever file a claim for "nerves" or anthing of that nature before PTSD became a accepted DX? Everything the way about the way the army and the VA has treated up stinks from what we have discussed.

... You have your C-File correct?

John

Yes John. I filed in the early 1970s. I was awarded a NSC for an anxiety disorder. Then in the late 70s, it was changed to 10% SC. Diagnostic code 9401,anxiety. Then in 1989 it's code # was changed to 9400.

This whole mess happened when I applied for Army CRSC , I found out that my PTSD was not listed as a combat condition. I asked the VA to correct the record to reflect a PTSD Diagnostic code of 9411, It's not the increase in money, $20.00 a month. It's the principle. JMHO, The VA has no time for honor or justice...

You ask : "You have your C-File correct?"

No, John. I have tried several times. This time, after filing the proper FOIA/Privacy Act request, I have been waiting 4 months for a copy of the c-file. Recently, my NSO told me the request is now missing from the claims file. ??

Edited April 17, 2012 by Commander Bob

[Teac]

My requst for de novo review has been in Limbo since Jan 2011. I remember when the VA first started doing de novo's it took less than 6 months to get an answer on a claim. I think Houston RO is taking 2 + years to complete de novo reviews. I think they are taking over three years to do de novo hearings... I did not request a hearing, I have always been off the opinion that appearing in person can do more harm than good. And just by the very nature of having to appear they take longer to resolve.

I am begining to think it makes more sense to by pass the regional office and go directly to the BVA, they are still working two years behind from what I can tell, but I would be close to an answer by now, no telling how much longer Houston will take on my simple request of de nove review.

[Commander Bob]

CB,

Can you post the Reasons and Bases of the SOC ?

Thank you carlie,

The Reasons and Bases of the SOC consists of 5 pages... There are some key elements of that section of the SOC, which contain controversial and unjustified assumptions, as well as mistakes, presumptions and misinformation made by the VA and the DRO.

I don't see how I could publish that on an open Internet forum , at this time, without over editing, to protect my anonymity, and good name...

CB

I'm still working on a way to post the " Reasons and Bases of the SOC" Your inspiration, help and support is a comfort, especially when I tackle this project.

Here is a redacted, rough draft of part of my respone to the RO, DRO Service Center manager's office regarding my FOIA/Privacy Act, and other stuff. I still have a lot to cover...

Any feedback is appreciated,

C.B

...

I continue to disagree with your 2008 denial letter and your "Statement of the Case" dated Jan. 11, 2012

It has been over 10 months since I requested a FOIA/Privacy Act copy of my VA records, so that I may seek a competent Doctor to conduct a true and an "Independent Medical Opinion", before the beginning of my formal BVA hearing.

For the last four years, your correspondence has been filled with omissions and logical fallacies. You have painted a portrait of me as a lazy and malingering, just looking to get something for nothing. I find pages 27 and 28 of your SOC, especially outrageous and demeaning.

Throughout your denial letter and your SOC, you have underplayed my combat circumstances as well as the severity of my combat wounds. You went into great detail, and listed many unimportant DD214, awards and medals I received during my military tour as a light weapons infantryman, however you failed to even mention my "Purple Heart" in your list. You mention my connection /////redacted///, however you failed to mention the first horrific massacre I witnessed in Jan. 1968.

The record will prove, and you will find that in the 1980s, Dr. Brown and Dr. Carrie spent the bulk of their careers, being unaware of PTSD, and built their diagnosis for many years on that archaic and rather draconian DSM-V. The opion of the day, back then, was "that it was all in their minds", or was misdiagnosed as some other disorder that was in the DSM-V, Medical directory, of that time. The general opinion back then , was that war had no lasting affect on the human sprit of those that bore the battle, Must I //// redacted///. I find it notable, the newer young examiners, both appeared disengaged and apathetic during the C&P exams, this round.

I could go on and on but I'll save it for my Formal hearing... /// redacted///

Again 10 months, and still waiting. Until then, will you please send me the coppies of all my records you are responsible for...

etc...

Bob

(After much thought, I have redacted some of this rant, for privacy reasons. Thank you for your understanding and support.)

P.S. 12 months, and still waiting for copies of my records.... 12/19/2012

Edited December 19, 2012 by Commander Bob

[carlie]

I'm still working on a way to post the " Reasons and Bases of the SOC" Your inspiration, help and support is a comfort, especially when I tackle this project.

Here is a redacted, rough draft of part of my respone to the RO, DRO Service Center manager's office regarding my FOIA/Privacy Act, and other stuff. I still have a lot to cover...

Any feedback is appreciated,

C.B

...

I continue to disagree with your 2008 denial letter and your "Statement of the Case" dated Jan. 11, 2012

It has been over 10 months since I requested a FOIA/Privacy Act copy of my VA records, so that I may seek a competent Doctor to conduct a true and an "Independent Medical Opinion", before the beginning of my formal BVA hearing.

For the last four years, your correspondence has been filled with omissions and logical fallacies. You have painted a portrait of me as a lazy and malingering bum, just looking to get something for nothing. I find pages 27 and 28 of your SOC, especially outrageous and demeaning.

CB - what exactly was stated on pages 27 and 28 ?

4.23 Attitude of rating officers.

It is to be remembered that the majority of applicants are disabled persons

who are seeking benefits of law to which they believe themselves entitled.

In the exercise of his or her functions, rating officers must not allow their personal feelings to intrude;

an antagonistic, critical, or even abusive attitude on the part of a claimant should not in any instance

influence the officers in the handling of the case.

Fairness and courtesy must at all times be shown to applicants by all employees

whose duties bring them in contact, directly or indirectly, with the Department's claimants.

[41 FR 11292, Mar. 18, 1976]

Throughout your denial letter and your SOC, you have underplayed my combat circumstances as well as the severity of my combat wounds. You went into great detail, and listed many unimportant DD214, awards and medals I received during my military tour as a light weapons infantryman, however you failed to even mention my "Purple Heart" in your list. You mention my connection to the MyLai massacrer of march 16, 1968, however you failed to mention the first horrific massacre I witnessed in Jan. 1968.

CB - The PH is enough support of stressor to garner SC but unfortunately in no way

does it or any additional awards/medals factor into current evaluation percentage

of disability.

The record will prove, and you will find that in the 1980s, Dr. Brown and Dr. Carrie spent the bulk of their careers, being unaware of PTSD, and built their diagnosis for many years on that archaic and rather draconian DSM-V. The opion of the day, back then, was "that it was all in their minds", or was misdiagnosed as some other disorder that was in the DSM-V, Medical directory, of that time. The general opinion back then , was that war had no lasting affect on the human sprit of those that bore the battle, Must I remind you that in the past many of our problems were described as merely manifestations of poor self discipline or cowardice. As my POA pointed that the two recent novice C&P examiners just parroted the older drs. opinion. I find it notable, the newer young examiners, both appeared disengaged and apathetic during the C&P exams, this round.

I could go on and on but I'll save it for my Formal hearing... On page 29, you report that those old, pre-PTSD, doctor examiners, you conveniently resurrected, . stated that I "have no desire to work." That is false, and should discredit their entire exam reports. During that time, and for many years, I worked as a volunteer, a philanthropist , an unpaid humanitarian, As well as an international aid volunteer. I served a term on the XXX county Grand Jury, also, on the Board of Directors on several non-profit organizations, as well as a Veterans NSO State Commander, 1992-93. Enclosed please find a few attachments that substantiate my work history testimony. ...

CB - The old 'no desire to work statement', I always see this statement as something to piss the claimant off

and push them into emotional retaliation. In doing so the claimant may lay out exactly how capable they

actually were over the years or currently, might be.

I personally feel very strongly that, emotions have NO PLACE IN THE CLAIMS PROCESS.

Again 10 months, and still waiting. Until then, will you please send me the coppies of all my records you are responsible for...

etc...

CB - I feel that after whomever reads this - is finished reading it, your

'will you please'. . . won't have much effect.

JMHO

Bob

[deanbrt]

"It has been over 10 months since I requested a FOIA/Privacy Act copy of my VA records, so that I may seek a competent Doctor to conduct a true and an "Independent Medical Opinion", before the beginning of my formal BVA hearing."

In my case (more than once) they turned my request for information from my c file into a new claim and then treated it as such in terms of timing. They also tried to hold up my appeal over it. Luckily, I was watching Ebenefits and caught it right away. If you have not checked Ebenefits you might check and see if they have turned your FOIA request into a claim