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]

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 ?

it's supposedly for Myotonic Dystrophy. Which include tremors, muscle weakness/muscle wasting, digestive disorders, and more (better the info come from a medical website that explains it). If it's positive, that means my condition can worsen from toxic chmicals even if it is determined some problems were heredatary. if it is Negative, that means that the toxic chemicals have more of a direct cause. In any case, it is still great evidence.

My VA Neurologist set it up for me through the VA, my condition warranted the test.

IMHO

I still have many other conditions, this was only one of the claims.

[carlie]

retired,

Good luck on this one.

[retiredat44]

my (Moyotonic Dystrophy) DNA test results are suppose to be here any day... two weeks ago, they said 2 weeks... I need to submit a form I recieved with my SSOC from my DRO hearing, stating that I have more evidence..

I received my SSOC January 30th. (6 weeks after my DRO hearing)

I had my DNA blood taken for the DNA test about January 4, 2011. The turn-around time is supposedly 6 weeks, give or take a week.

I don't yet have the DNA results, but if I submit a form stating I have more evidence, before it is actually released, might be amistake, or it could just speed things up, since they will be released very, very soon anyways...

the waiver form that comes int he back of the SSOC (Supplemtnal Statement of Case) says that you waive 60 days wait time for a decision...

MY primary care doctor told me that they will call when the results come in,,, but the next VA neurologist appointmnet is not until late March 2011...

I am about ready to just send in the waiver form saying my DNA test has been taken rearding a condition I am claiming, and to go ahead with the decision(s).

If I lose any and all decisions, my appeals go to BVA, as all my paperwork and requests were sent in last year.

[retiredat44]

December 2010, I had a DRO hearing. I have a bout 6 issues in my claims...

they are divided into two, about 3 each...

on one set with abotu 3 issues they keep sending me SSOC updates (continued denied) (one is the Myotonic Dystrophy, which the DNA tests should now be available to the VA DRO).

the other 3 issues (one of the issues in Pancreas disease, as I had been hospitalized with gastritis on active duty, all while I was sickened from toxic chmicals..) anyways, the pancreas disease claim was actually filed one year before the 3 issues they keep sending me SSOC updates for. They Do Not continue sending me any updates on the pancreas disease.. they only sent one SSOC after the DRO hearing, since then they have not said one word about that issue.

They only keep sending SSOC updates only on the Dystrophy, knee, and depression (all showing continued as denied).

I wonder why they they are not updating or issuing any more statements on my pnacreas disease issues? Maybe they are considering it and working on that issue and are moving in granting it, so they are no longer sending any more SSOC letters with denied for that issue...

I really don't know.. the VA has me so confused so screwed up... My VSO while extremely helpful and helps a bit, they still don't communicate as well as I would hope.

I think, when I switched my VSO from one office to the other, when my original VSO disappeared (because he was transferrered leaving my case blowing in the wind while they reshuffled VSO's..) and I took my case to an office that had time for me.. I think I originally got help from the latest VSO, when this new VSO must have been at a point where they had much more time for me.. and now it seems they are overwhelmed with work, so they can't spend as much quality time with me.

Everytime the VA sends me a paper I fax a copy to my VSO, just to make sure both my VSO and I have the same exact information at the same time..

I am still very puzzled why no word out the one issue, but always an SSOC update sent to me on the other issues. The Pancreas disease had the IMO with it, and it included with my main claim, the foundation ... but all parts of my claim are extremely important as they all come from the same work environment...

Edited March 1, 2011 by retiredat44

[retiredat44]

also, again, what happened with the toxic chemcials (I worked with jet Fuel, Leaded gasoline, Diesel Fuel, and Tricholorethylene) and I and my clothes were soaked with it daily, and was sicked from it.. and was treated and got moved out of one job Fuels, back to another job working with Trichlorethylene cleaning priting presses in between printing jobs.. and got sick again,,

when they approved my first claim for Jet Fuel and headaches in around 1997/1998 (can't remember which year, they gave me 50% for headaches but denied intestinal disease back then, even though my military recors shows a history of illness from the Jet Fuel.

They totally left out al the other toxic chmicals even though I was soaked in al of them..

the had no understandingof the job and what chemicals wer eused as a fuel specialist or repro-graphics specialist. So, they only loooked at al fact based on Jet Fuel only.

Whnei found out they neglected al the other chmicals I had to file and NOD and appeal shwoing that in fact, I was not only soaked in and worked with Jet Fuel, but al the other chemicals as well.

It was totally apparent they don't even bother to look up job descriptions and have no clue what the jobs/MOS/AFSC secialties are, and what is done in these jobs.

I had to reate all my claims shwoingin fact they never looked at al the chmicals in their decisions.... I had to explain all the chmicals...

I have no clue who they could screw up so badly the facts of what chmicals are used int eh jobs.

Example... a Fuels specialist supplies bases with fuels: jet Fuel, Gas, Diesel... and more... they had some stupid misinformed idea and guess that only Jet Fuel wa sused...

how the hel do they get the idea that only jet fuel is used,, clearly the base needs and runs on al the fuels for vehicles, cars, trucks, and there are stil aircraft that use gas..

then I had to show that even though I was very sick for a long time for the petroleum chmicals, and even after doctors removed me form my job and put me in another job... supposeldy away from chemicals... that in fact only after a few short days I wa sonce again moved to a job working with toxic chmcials again becoming very sick,, all over again...

Most of not all of these chmicals contain Benzene and other toxic carcinigens..

MY body totally rejected the touch and contact with these chemicals causing me etremey illness, greif, depression and intolerable intractable pain.. plus massive edema and bleeding...

Also was hospitalized for gastritis, pnumonia, and also suffered a concussion at another incident..

I just stil don't understand why they totally neglected all but Jet Fuel, and I had to actually find and give them documents whoing the job descriptions shwoing and proving that these jobs requeire ocntat using these chmicals..

how can they continue to fight over and not explain why they ignored al the chmcials.. it is their blunder, yet these appeals continue..

20 years sick in bed... many monthis in hospitals, many operations... intolerabale depression, many psycholgist visits,, many medications,,,

bed is w wreck... been on morphine and other pain meda for 20 years.... the intestinal disease destryed my teeth more than 10 years ago ha dthem al removed int he 1990's.

I am only 54 years old,, have spent half of it sick in bed..

The war continues... they refuse to bend and listen...

I have al the documents and proof,,

deny, deny, until they die!

sorry for the rant,, and am just restating part of my case,, I have not inclued all injuries and illnesses... it would take up many pages..

[Pete53]

Unfortunately although no one has told you unless I missed it it may be that jet fuel will not let you add other chemicals as the VA will not allow pyramiding. For me I have diagnosis of panic disorder and major depression with agoraphobia. If they rated each on their own I would be close or at 200%.

My opinion is your best chance will be for you to get a higher rating. Also because you feel that VA has not done a good job it would help you more to ask them to explain so that you can understand.

Good Luck