Request Dro Or Not Request Dro?

[Angela]

Hello everyone,

I'm asking for your help in deciding if I should request a DRO review or the traditional appeal route for my claim of Clear and Unmistakable Error. The original RO failed to consider evidence and failed to consider the rating criteria in the light most favorable to the veteran (which they're required to do when the DC is ambiguous).

Original Decision copied directly from general practitioner's MEB that closed out Dec 01...

1) "It was determined that everything surgically possible had been done to correct your condition"and

2) "biofeedback appears to have helped decrease the frequency"

but did not note ANY results from most current exam (Jan 02) by a specialist, that stated...

1) "biofeedback without relief" and

2) "discussed potential ostomy"

3) and more very pertinent results not listed anywhere else in records...

I believe that since statements 1 & 2 from original decision were directly contradicted by the statements from the more recent specialist's exam, the RO's failure to mention that exam(s) results at all should "Clearly & Undebateably" show that they weren't considered. Am I wrong here?

Anyway, I requested review due to CUE (Dec 05) and today I received the denial that only stated..."Although not cited directly, this record was considered." in reply to my contention that record wasn't considered, and "it does not clearly show .... to warrant 100 percent evaluation". Their CUE decision made it sound like the only evidence on the later exam was the two items I used to show (undebateably) that they hadn't considered it. Didn't mention any of the other evidence that was only included in the later exam.

Sorry I'm so long winded here but wanted to put the facts out there before I ask my questions in case they'd made a difference in the answers.

Q1 - Is DRO the way to go now or should I just go through the normal appeal process? Why?

Q2 - Which process is faster? my RO is in Houston, TX

Q3 - Any other questions you care to answer ... :)

Thanks for your help everyone. Don't know what I'd do without HADIT.

Angela

[john999]

Angela

I usually provided some new evidence with my DRO Reviews and hearings. I would not wait but send in the NOD based on the denial and ask for the DRO. It is going to take at least a year to get a hearing so you have time to go and look at your C-File. While you wait for the DRO Hearing you can keep providing evidence. You just want to surround them with evidence as Berta says.

[Angela]

I thought the "substantive appeal" had to be received within 60 days of their notice of decision. Didn't realize I could still be perfecting my arguments up until the time of the actual DRO.

That is what you meant, right?

[john999]

Angela

You can bring evidence and present it to the DRO on the day of hearing. You can have a witness appear and testify on your behalf. Your doctor could come and testify as a witness. You need to insist on a personal hearing and not let them just do a DRO Review.

[Berta]

Angela- when I received a request for DRO review form, it came with a SOC.

I had 60 days to respond to the SOC-they count weekends and holidays! !!-it is 60 days from the SOC receipt but mine was dated 2 weeks before I received it. I save ALL VA envelopes.

I dont remember if they gave me a deadline on the DRO request form- but please make sure that you honor any deadlines they give you on any SOCs or SSOCs- if the wording of the SOC ,SSOC needs a response from you. Within the 60 days.

What I mean is this-they cued their first SOC to me- it was illegal- the Dec 2005 SSOC stated that the claim was denied because the veteran had never been diagnosed with DMII.

I responded with a copy of my IMOS printed right on the back of my response and reminded them that when they read the IMOS, which my vet rep personally saw in my c file-and that both the DRO and the Manager acknowledged in his meeting ewith them when I raised hell-which I sent to them Nov. 2004, and they have ignored in both SOCs they sent to me- that I complied with what they wanted and that the veteran HAD been diagnosed with DMII by Dr. Bash who gave his complete rationale for that statement and he refered to MRIs, past VA ratings, the med recs, etc etc.

This is what a Response to an SOC or SSOC is- an attack on the specific reason they used as denial-they will often focus it down by the time you get a SSOC-and-if they are still ignoring the evidence, I say re -send it again and strongly refer to it in the response.I have sent them 6-7 copies of my IMOS- the next one (I heard this claim has been decided) if needed will be copied on Chartruese lime flouescent paper and sent to them in a bright pink envelope- copy faxed to their director.

I dont really think that tactic will be needed though- darn-I just love it.....

I would love a hearing -if you can go there ask for one with the DRO-

I go to school-and have a working farm- and I cannot take time off for a VARO hearing- and would probably want to do some verbal a__ kicking up there too-I am fed up with doing their job and being put through this rigamorale again after the last 3-4 years it took to resolve my past claims.

Edited April 5, 2006 by Berta

[Angela]

OK, let me see if I understand how this works. I send in my NOD with further arguments why decision was CUE. They may or may not grant with that info. If they still deny, they send me a SOC with the form for requesting DRO review. How long can I wait to send the NOD if I plan on requesting DRO review?

[bubba]

I went to a dro once and it seemed to me like lets make a deal. Dav represented me and i didn't go in and talk to nobody. He went in came back and said ok they will give you 2 out of the three. I said no deal 3 out of 3 so they came back and said ok you fax us this info today and it is a deal and they gave me what i wanted.