diabetes Dro Hearing Next Week

[johnjjr]

I am in need of advice as to how to handle a developing situation. My local VSO and I both think I have a strong case on two NODs. One is for PN secondary to sc diabetes type 2. The other for CAD secondary to sc diabetes. This past Monday my VSO called to say he wouldn't be going with me to the hearing. He said that I had been assigned a VSO from their office located at the VARO. Today, I got a call from that VSO. After talking to him for ten minutes, I got the feeling he was working for the VA. According to the letter about the hearing I received,he will present my case for me. I have two thick folders for each NOD. One for the DRO, tabbed and highlighted, and one for me, so I don't forget anything. My concern is that this new VSO won't present my case the way I want it presented. Do I have to allow him to present the case or am I allowed to present it myself? If I have to let him present and he dosen't follow my outline can I stop him and interject pertinent information? All thoughts and suggestions will be greatly appreciated.

[jbasser]

Ypu should meet with this new vso to make sure you have a plan put together, Remember he is working for you and not the VA and I hope he understands that.

What org is he from?

J

[johnjjr]

He is with the Virginia Dept Of Veterans Services. I'm to meet with him 1 hour prior to my hearing. I just got off the phone with my local VSO who assured me this guy is one of the best. But like I said before, after talking to him on the phone , I just don't know.

[Pete53]

My experience with Waco VARO is all the VSO's are pretty good and they usually do hearings every day. You will be allowed to present your case at least I was and by the way the VSO set the table pretty well and brought up key regulations when he summed up.

That system is same as in Waco they have their own reps at VSO and that is how they do it. I think that they overbook expecting Veterans not to show up.

[carlie]

He is with the Virginia Dept Of Veterans Services. I'm to meet with him 1 hour prior to my hearing. I just got off the phone with my local VSO who assured me this guy is one of the best. But like I said before, after talking to him on the phone , I just don't know.

johnjjr,

Yea, yea, yea - they are all "one of the best" ~ lol.

Let me ask you this - if he is one of the best, since your DRO Hearing

is next week, why hasn't he called you and said - get your butt in here

and bring me all of your evidence or called and asked you what claims

issues you feel are to be addressed at this Hearing or called to

ask if you have gathered any updated medical evidence since

requesting your BVA Hearing.

WHY - because he's probably got his hands in about 100 different claims,

but YOU only have a hand in one claim - YOURS.

I suggest you write and print 2 copies of EVERYTHING you want addressed and

clearly made of record at this DRO Hearing.

You have the right to just read aloud your entire list of everything.

Just meeting with this VSO an hour prior to the hearing will be of

very little help to your claims issues.

All the freaking VSO's mostly do when meeting with the claimant

for an hour prior to the hearing

(and believe me this will get cut down to 45 minutes or less)

is mainly discuss the following and how the Hearing will go.

Who will be there.

Don't be nervous.

The VA process is non adversarial, (BS-BS-BS, don't even believe that).

What the DRO will say in the introduction.

You and any one that accompanies you and may provide testimony will be sworn in.

The Hearing will be recorded.

The DRO may ask you some questions.

Do you have any additional evidence to support your issues?

Very briefly, what issues the VSO believes will be covered during todays DRO Hearing.

That's it sweetie - that's exactly what your VSO will be concerned with discussing

during the "hour" prior to your hearing.

I suggest you write down:

Each issue you want addressed during your DRO Hearing.

Examples:

SC denied

SC 'd percentage

SC'd effective date

Percentage effective date

Increase in current percentage

Any additional claims issues

IU

P&T

etc...

The Reasons and Bases in the Rating Decision of what the NOD

was filed on.

What medical evidence was used for or against the issues

What evidence of record the VA negated to discuss or address

in the Reasons and Bases.

What regs show that an issue should be granted.

Rebutt any erroneous evidence or statements in the Reasons and Bases.

etc.......

Claims are up to the CLAIMANT to win.

Don't count on a VSO to do it all for you.

Time for you to lock n load !

I also suggest that during the Hearing you submit a written request

for YOU to be provided a copy of the Hearing Transcripts

AND that they provide you with a date stamped copy of this request

prior to you leaving the office.

Keep in mind if you don't hammer everything home here in this DRO Hearing

your next level of appeal is to the BVA and your looking at about 2-6 years

for that to conclude.

Take your bull by the horns or you will be lost in pergatory.

jmho,

carlie

[johnjjr]

Carlie,

Thanks for the input.

I got the 2009 VBM a while back And read everything I could find concerninig my cases. Then I put together my case using the VBM as a guide. I have 2 copies of all medical records tabbed and highlighted, just in case they have trouble reading. I'll type a request for a transcript of the hearing this evening.

I'm going into this hearing locked and loaded,armed to the teeth. and if I run out of ammo before the hearing is over, I'll spit my teeth at 'em. SEMPER FI

[Berta]

It would be great to have the VSO or someone there - if only to hand you the evidence from your files as you need it.

Be sure to have a cover letter and copy for the DRO of the evidence list to make sure nothing is overlooked.(I bet you thought of that too)

Your ducks are in a row and they sound quite well armed!