Dro Job Description

[Guest Berta]

The attached DRO job decription from M21 show you exactly how beneficial these reviews can be.

I have limited time but wanted to post this as I just sent it to the VARO-

for the DRO- because she did not do anything here in regards to my claim.

I figure she never read it.

DRO_Important_job_description.doc

[Hoppy]

Did my last post update?

[Berta]

Hoppy- thank you for sharing that incredible situation you have had with us----

it is just overwhelming what you have put up with and I commend you for staying at the VARO until they got it right-

I feel that you should also be getting SMC- at the HB level -Housebound- as this disability prevents you from living a fully complete life-

I hear you on the DW 40- knocks me out and weed killer- (I call Round up civilian Agent Orange)-xerox machines-

there are numerous things that someone with allergies or any disability like this just cannot deal with.

Congress had that Carbon Tetrachloride bill some years back that went no where-and it was lousy anyhow- the VA has got to start addressing their use of carbons, fule JP 04 etc , better as much of that was used without any protective gear issued and now vets are suffered from long term health problems due to these chemical airborne substances.

I am sorry if my post triggered this all in you- but I believe you have helped and encouraged many by telling us all this-

"If you call follow this saga, you might want to give up the service officer business and enrol in medical school." You sure are right there-

there are men and women right here who know by far more medically than some of the so called doctors at the VA-I have knocked down about 6 of their expert 'medical' opinions in my own claims so far (1995-to present)and

have no faith at all in most of them. Vets must certainly try to be in control of their disability and how the VA treats it. That is how Knowledge becomes power-and it could save your life.

Thank you Hoppy-I am grateful that you persisted in your claim.

[Hoppy]

Berta,

Funny you mention Round Up. I used to work in the parks department and once a year we had to go to a safety meeting updating us on the poisons used in the department. The round up salesman would come to the meetings and drink an eight ounce glass of round up right in front of us.

Allergies and sensitivities are strange diseases, A person can breath one molecule of peanut dust on a jet airplane and go allergic shock and die of low blood pressure. Yet the same person can eat walnuts. In my case xerox machines were not a problem. Mineral spirits did not affect me. I could tolerate low doses of just about anything. However, I could only guess when I reached the threshold that would send me over. About a month ago I started talking to some guy in a marine store. Turns out he was a doctor who did reports for Social Security. He was allergic to shell fish and had a couple reactions in his life. He was amazed that I was allergic to common industrial chemicals and was still alive.

The post was rather benign as to the levels of frusrtration I reached during the eight year period. It sounds like you could read into it. I wanted to have adjudicators put in jail. I got escourted by police out of hospitals while trying to get reports from doctors. Some doctors would admit to me that I had strong evidence yet still refused to write reports. Other doctors would refuse to write reports while disputing the inservice diagnosis. What these idiot doctors do not realize is that they can not change a diagnosis made thirty years ago based on theory and speculation. The doctors who made in inservice diagnoses took histories and ran tests. Then my idiot primary doctors says "Oh I'll bet when you were in the service you had some type of stomach virus caused by drinking water". Well if I had a stomach virus why couldn't they figure that out while they were treating me in the service. TREATING PHYSICIANS REPORTS ARE GIVEN WEIGHT OVER EXAMINING PHYSICIANS unless there is clearly a reason not to. The doctors were trying to be both doctors and adjudicators. That would not bother me if they were MD/JD's. How many MD'JD's do you find in a VA hospital. After five years I final got an appointment with the head of immunology and allergy at a local VA hospital who was willing to even look at the SMR and write a report. His report was very favorable.

[hollywoodnc]

Hollywood- since I posted that some time back-

the DRO has done better with my claim -2 conferences with her boss and my vet rep- etc- and when I filed out an I-9 -that got them working on it better too- as on page on of the I-9, I preserved for appeal ALL errors of 38 CFR,38 USC and M21-1 they made and I also stated as many errors as I could that they have already made on the initial I-9 page.

I have excellent evidence and took the oppotunity to send them an I-9 that they do not want the BVA to see.

I havent even gotten VCAA letters yet- and put that on the I-9-my due process was crapped on by them numerous times.

In 1996 I filed an Administrative Review, and I sent the original AR to VACO in Washington. Within days I had a call from a VA lawyer on the Review- and got what I wanted- someone at VARO who could read.

Long story but this AR was instrumental in the VA's finally admitting to causing my husband's death in 1997.

My medical evidence was excellent on that claim too- and the AR showed them I was not going away-

I do not advise anyone, however, filing an administrative review with VACO unless you can talk VA legalise toe to toe with VA lawyers ,can rattle off the regs that your claim involves in a heartbeat, and have 150% confidence in yourself and the merits of your claim. Also having a legal background can help.

I also do not feel that the Administrative Review will be used in place of a formal NOD- unless you stated the specifics of the NOD in it.

All of this will not get you closer to your award unless you can satisfy the Reasons and Bases they gave you for the denial.

But I bet you did that- and I know how frustrating it is when they refuse to acknowledge medical evidence that helps the claim.

If you start faxing your medical evidence to their VSM or Director- it might help.

Why actually did they deny?

Hi Berta!B)

I'm glad to see that the DRO at your VARO works well for you. I guess that all depends on where you are located, and with that said, will determine how your claim(s) are viewed. I went through the DRO process in Roanoke, and they not only took more time to figure everything out, but my claims were STILL denied.

According to my SO, I DO have a valid claim, and he often is bewildered at the decisons rendered at this RO!

One thing that I would like to point out, is ANY & ALL information submitted to the RO, BVA, Courts, etc... by a claimant, is admissable for the decision of your claim. To WITHHOLD any evidence in deciding a claim is a VIOLATION of the Law. See if any of these "Pleases your Palate"...

See: 5 USC § 552. Public information; agency rules, opinions, orders, records, and proceedings

See: 5 USC § 552a. Records maintained on individuals

See: 5 USC § 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

Now, I know it's a lot of reading, but it is quite interesting if the VARO WITHHOLDS any pertinent info. If it is a DELIBERATE withholding, and you can prove it, see: 5 USC 552a (g)(4)

When it comes down to it...

You really don't have to talk "VA Legalise" with the attornies. The purpose of an Administrative Review is to see if the RO did it's job properly. I had applied several different 38 cfr's to a few of my claims. The question is, did the RO acknowledge them...OR, Ignore them? It's obvious that they IGNORED them!

I even researched and gave these people the Address & Telephone numbers of manufacturers (Zimmer Corp) to confirm that my 1151 claim had merit if they would just confirm by calling this number. I was STILL denied!

Case in Point...

My 1151 claim pertains to a procedure that took place in 1977, when a VA QUACK, attempted to remove three metal screws out of my left hip. I was diagnosed with a penetrated screw into the Hip Joint Space (Acetabular). Zimmer had manufactured the Knowles Pins, and they come with retaining nuts to prevent any sort of shift (a sort of locking device). The VA QUACK, could not remove the pins, SO, what this dipsh*t does, is he left the nuts off, and clipped the pins even with the bone (femur). This procedure did NOT correct the pin penetration, but, in addition, would prevent any other doctor to remove them! There was NO way they could grip them! Furthermore, another pin started to shift a few years later!

Meanwhile, I had an MVR (Non Service connected) and I suffered an L-2/L-3 compression Fx! The gait, has caused my affected vertebra to heal improperly...NOW, I'm suffering from a Nerve impingement affecting the nerve endings to my legs!

The VA did, and still does not see how all connect!?

Hobby had mentioned that he submitted 50 or so pages to explain his condition. He was Conservative.

I, on the other hand submitted 200+ pages of documentation explaining how gait causes pelvic tilt, & how that, in time, affects your spine. All my exhibits were from the University of Maryland, Ortho web sites, Mayo clinic, etc, and not from message boards, or Joe blows orthopedic...These are all reputable facilities!

The VA doesn't see it that way. In fact, the response is considered as "Lay Evidence"...implying that I'm a dumbass, and don't know what I'm talking about!

It's apparant that this case is going to TRIAL!

Last, but certainly not least...

I was approved for SSDI. I didn't even require a hearing. When the Administrative Law Judge saw my last submittal (MRI) she IMMEDIATELY rendered her decision as FAVORABLE! When I submitted this to the VA, I STILL don't qualify for Unemployability!?

What gives with these BRAINDEAD ASSHOLES???

BTW...My EEOC case is still pending in Federal District Court. The DOJ (VARO's defense) has "somewhat" admitted that I did PROVE something (I'm thinking disability), but they didn't disclose anymore than that. I proved that the Management at the RO committed Perjury, and the regional counsel will most definately be disbarred! :D

[Berta]

My DRO only began to do it right when I raised hell-

the Section 1151-

what is the status on that- and have you filed a FTCA claim too?

yep "Lay Evidence"...implying that I'm a dumbass, and don't know what I'm talking

I heard that for 3 years too-"the claimant does not have professional expertise to render a medical opinion"

But then when my wrongful death FTCA and 1151 claim succeeded ,without any lawyer or IMO- they stopped singing that song.

They tried it again on a new claim in 2004 but I stopped them cold-

and reminded the VA again that the proper diagnosis of my husband's heart disease, improper medications, and most other malpracticed conditions, came from me-the layperson, and not the VA doctors, and the OGC concurred with my findings.

However- having said that- I got an IMO for my newer claim.

Even though I had presented bonafide and undisputable medical evidence of this claim, I did not want the rigamorale again of fighting them on the 'layperson' point.

I knew, before Dr. Bash called me,in 2004 that my additional diagnosis of the veteran's death was medically sound.(they had misdiagnosed DMII- he was an AO exposed vet)

He gave a complete opinion based on his expertise that the DRO refused to read for over a year-

seemes that claim was decided in Late January but they are working on the CUE and will put it all together.

1151s claims

They can be quite short- should be- they dont have time to read alot of paperwork-mine was a re-open of my husband's 1151 after he died.

There must be documented proof of medical injury- which you appear to have-

and additional disability due to the VA screw up- you also seem to have that-

I helped a vet get 1151 award (100%) in less than four months.

Mine took almost 4 years on the 1151.(They even denied with a copy of my settlement papers with the US of A-that a was good one and that denial was quickly changed)

The above vet- I stated his claim in about four sentences.

One VAMC had said he had hemmoroids for years,he gets to another VAMC and they say it is bowel cancer, they operate, and saved his life but the misdiagnosis had shortened his life. 100% under 1151 plus SMC.

I cannot explain why ROs -with excellent medical evidence-award in some cases but string it all out in others-

Even though my husband's claim prior to his death, and my re-open of his claim ,was a short 1151 claim and I attached the most significant pieces of medical

evidence-it took them years to argue with me and then VACO med team agreed with the initial medical evidence and points I had made in the first place.

I say keep it brief as you can- hit them hard with the actual evidence-send it in until they learn how to read it-respond to everything you receive from VARO and keep your focus solely on the documented negligence

(the surgical and discharge narratives) and its result to you.(the additional documented disability)

A good IMO is well worth the investment in claims like this. The cost can be absorbed with a favorable opinion and thus- more compensation.

Edited April 14, 2006 by Berta

[Hoppy]

hollywoodnc,

I went to my SSI hearing without an attorney. I threatened the guy who signed my denial letter with a law suite. I said amoungst other things that I suspected that he was underqualified and probably lied on his job application. As a result my claim was forwarded an attorney advisor who awarded the claim 30 days after the initial denial. My attorney withdrew from the case because I won without her doing asnything. The SS administration is allowed to appeal any decision made by an attorney advisor to an administrative law judge. Attorneys won't represent you if you are already getting SSI. The law had no provision for them to charge fees to someone already recieving SSI benefits. SO I went to the hearing without an attorney (not recommended).

At the hearing I was prepared to submit evidence for three qualifying disabilities including my angioedema. I wanted to get the SS determinatiion of disability on the angioedema so I could forward it to the VA. The hearing started on my spinal injuries and the screwed up report from the SS shrink who thought I had paranoid delusions about chemicals. There was a doctor there that the SS hired to review and make recommendations to the court. In the middle of the doctors testimony the judge interupts and says I have heard enough, looks at me, and says "you win". I said to the judge, You have not heard the evidence on my angioedema. He says, is that the picture of your swollen up face that was in the file? I said yes it is. He says I do not have to hear that becuase I have already found one qualifying disability. I tried to get him to continue but he refused. Thus, I had no SS decision to forward to the VA.

One thing I noticed while sitting in the office of my SS attorney. She called doctors on the phone and told them the exact words to put in their reports. Like I said in my other posts, the doctors working alone can not write reoports that the courts will give weight to.

The problem with the VA is that adjudication writes the denials in such a manner as to not tip you off as to what the report needs to say. Then they send you to a C&P examiner who writes a vague report. It is a viscious cycle. You reallly need to have an understanding of the adjudication laws and find a doctor who will write a good report. I got lucky and got a good report from the head of immunology and allergy at a VA hospital. Berta suggested paying for your own IME. However you do it the reports that address the rating criteria are the ones that will eventually win. Be it at the RO, the BVA, COVA.