Dro Coming Up

[retiredat44]

With my DRO coming up, I have some questions.

First of all the DRO wil give a chance to show that in the process, up until now, most of my evidence was ignored. And, further that my NOD did not spell out all the duties of my job, and all my inuries, and that the process failed to see that whoever looked at my file and denied me, failed to see all the evidence, whether ignored or bungled.

In the DRO request I pointed out that they only looked at the Jet Fuel (JP-4), not the Leaded Gasoline, Diesel fuel, and Trichloroethylene al were totally ignored. So, they are all now listed in my DRO review and hearing request.

I have to ask them why I am already rated at 50% for illness from Jet Fuel, yet they say there is no evidence of illness from jet fuel?? wtf, what kind of contradiction ids that? Jet Fuel contains the same Benzine which is in gasoline.

I though that the people who do the reviews and ratings were suppose to know the job descriptions of the veteran's claims? Apparently the people who do the claims process have no clue, or they do not even bother into looking into the claimant's jobs and job descriptions.

if they had read the job desciptions they would have clearly saw all the chemicals I worked with.

So, now I have to spell out every part of my jobs I held.

My IMO clearly stated al the chemicals I worked with in the 2 jobs I held in the USAF. I also spelled out that after I held one job, got sick and was moved to another job which was cleary against the doctor's orders, not to work with petroleum chemicals.

I have to explain that the claims process ignored al the chemaicla.s

I suppose I have to try to not get angry with the DRO people and tell them the the claims process people bungled their jobs.. They totally ignored evidence! But, I suppose I cannot/should not chasitise them for being stupid.

While I have solid proof and evidence, I have more questions.

Do I need to get more evidence?

such as:

Do I need to get studies and VA hearing decisions and print them out shwoing the chemicals are carcinigens and cancer causing chemicals?

Studies off the Internet and websites showing prior studies and cases regarding toxic chemicals?

Clearly, they have access to the same information I have and can get/ or do I have to lead them like they are stupid and show them everything i can find about illnesses caused by Gasoline and toxic chemicals? How about diseases like cancer and liver and pancreas diseases caused by petroleum chemials?

Do I need to start printing out all these studies? Do I stack them on the table at the DRO hearing?

It appears that having too much evidence is better than too little! But, I just don't understand why they ignore evidence?

What am I missing?

Edited October 16, 2010 by retiredat44

[retiredat44]

My VSO says my Hearing should be coming up by the end of the year, and sayd she gets a list of upcoming hearing each month..

she says my hearing is not ont he list yet, and says, maybe it wil be ont he next list in a few days.

One of my DRO hearing requests was from Oct. 2009, the other was September 2010. They were combined into one DRO hearing request in Sepetember 2010.

I find it odd that she expected it to be on the upcoming DRO, or that it is not yet been scheduled.

Maybe the DRO review is causing it to be delayed? Maybe they are considering al or part before a hearing?

Maybe it is still coming in the coming days, and I am freaking for nothing? The last update I got was that they are still working on my file, etc,, etc, the same letter they send to everyone saying they will get to it when they can.. blah, blah, blah....

I see lots of people request a DRO hearing and thyey get a hearing date a month of two after their official request...

Since there seem to be no other people from the San Diego VA Regional Office in these forums, I have no way of knowing how long it takes for anything..

Does anyone know what they could possibly be doing?

note: when I sent my last DRO hearing request I listed the reasons for my request and listed the evidence they ignored..

maybe they are going back over my Claim with the possbility of approving al or part with the evidence I listed ??

Thanx..

just going crazy.. every day I just lay here sick wondering if it is my last and they win.. while they delay..

Edited November 7, 2010 by retiredat44

[retiredat44]

You have to take them by the hand and show them everything and every connection. Unless the disability is presumptive you have to prove it via the medical evidence and your SMR's. You are supposed to get the benefit of doubt but only in a case of a very close call. When it comes to chemical exposures what I have seen is that the burden is on you.

I have my DRO hearing date

Dec. 8, 2010

I have my VSO from the American Legion representing me, and my wife may come, if it will help..

I just need to stay out of the hospital until then...

thanx all!

[retiredat44]

My DRO hearing is coming up next week. Dec 8. Tick tock...

[retiredat44]

I had my DRO hearing yesterday..

I, my wife, my VSO, a VSO trainee, and one DRO official were there..

I told my story.

I have about 5 issues being appealed.

2 will be the first to go through the process, and then the last three.

I am fairly satisified I got my story out with explanations.

My wife testified, but broke down in tears at the beggining..

I currently have to get more records and get them organized. Even though the VA has all my records, my VSO told me to get more copies and organize them.

My case is very complex.

One thing that really bothers me is the DRO acts like they haver no acess to job descriptions and I have to continue to provide job descriptions, which is what I find odd.

The hearing was taped. I provided most everything I needed to. But, my VSO is having me assemble more evidence and records. I have ordered more copies.

I did learn that if you have a medical paln, a doctor, clinic, or hospital, if you leave those doctors, they can (by law) destroy your medical records after 7 years.

I had Kaiser after I left active duty, then I had Kaiser insurance. I then went back to the VA health care system. 10 year ago I had Kaiser send copies of all my medical records to the VA.

I now have to ask the VA for copies of my Kaiser medical records. I am glad I had them sent to the VA or else all my records would have been totally destroyed. I have some of my old Kaiser medical records, but need them all.

Edited December 11, 2010 by retiredat44

[retiredat44]

You have to take them by the hand and show them everything and every connection. Unless the disability is presumptive you have to prove it via the medical evidence and your SMR's. You are supposed to get the benefit of doubt but only in a case of a very close call. When it comes to chemical exposures what I have seen is that the burden is on you.

well, I am in the Appeal holding pattern,, stilling waiting for my 2nd SSOC (they promised me 2) had the DRO hearing December 9, 2010.

I have more evidence coming for one claim issue, a DNA Test I took is supposed to be ready in a few short days...

interesting read on DNA evidence for disability claims:

http://www.workforce.com/section/00/article/25/12/44.html

Edited February 7, 2011 by retiredat44

[carlie]

I have more evidence coming for one claim issue, a DNA Test I took is supposed to be ready in a few short days...

interesting read on DNA evidence for disability claims:

http://www.workforce...e/25/12/44.html

retired,

So, are you going to try and use DNA evidence for a VBA claim?

The only time I can see this being of any assistance would be for

dependent pay with a 21-686©.

What are you going to try and use DNA evidence for ?