Has Anyone Ever Waived The Dro Decision And Gone On To The Bva

[hurryupnwait]

I ve been waiting 2 years for DRO review decision. My attorney and the DRO had conducted a telephone hearing over a year ago. No C&P exams scheduled. I do plan on asking this question of my attorney, but I was wondering if anyone here has done this before? This DRO has given us some very negative input regarding my claim.

My attorney's assistant is telling me that the DRO has been assigned by the LARO Management to work new claims only. This has been going on for about a year now and i do not see any end to it with new claims coming in so fast.

appreciate any response

Thanks

Paul

[john999]

I think you need to sit down with your lawyer and get a plan. He is your representative. If your claim is just going to spin at the DRO then something needs to happen. Two years at the DRO is to long IMO. The DRO is supposed to divert BVA claims. If you have to wait years then the system has failed and you might as well go to the BVA but that means another two years probably.

[vaf]

Tell your attorney to file a writ of mandamus petition. That ought to get the DRO's attention. The DRO decision might go against you, but at least you'd get some movement. What usually happens with a writ petition is that the VA will take the action it should have taken earlier, and then the Court will deny you the writ because the issue has become moot. The whole purpose is to get some movement, so if you get movement, you in essence have won even if the Court says otherwise.

It sounds like you're desitned for the Board, regardless.

[hurryupnwait]

Tell your attorney to file a writ of mandamus petition. That ought to get the DRO's attention. The DRO decision might go against you, but at least you'd get some movement. What usually happens with a writ petition is that the VA will take the action it should have taken earlier, and then the Court will deny you the writ because the issue has become moot. The whole purpose is to get some movement, so if you get movement, you in essence have won even if the Court says otherwise.

It sounds like you're desitned for the Board, regardless.

I wanted the attorney, Ken Carpenter, to file a writ of mandamus last month and the reply was that we are not at that point yet. They mentioned the amount of work it would take to create the writ..

I ll talk to his assistant tomorrow and ask if we can waive the DRO decision and go on to the BVA. I agree, from the negative input he has provided about the claim he does not plan to grant it. I think the attorney wants to see his bases and reasons so they can respond appropiately at the BVA and therefore ask me to stay the course until a decision is reached. The crystal ball says that this could take another two years.

Paul

Edited November 3, 2010 by hurryupnwait

[carlie]

hurry,

I would find out the name of the VSCM at your VARO to write and mail

a letter to directly, or submit it in person to the RO and get a date stamped copy.

I would run it by my attorney first.

Another thing is, you just can't go and say - forget the DRO, I'll go to BVA.

First an I-9 (form 9) has to be prepared and sent to BVA, then you probably have a two year

wait before you hear anything AT ALL from them.

[Berta]

"I think the attorney wants to see his bases and reasons so they can respond appropiately at the BVA"

I do too-

Ken Carpenter is one of the BEST attorneys for vets- in my opinion.

A Petition of Mandamus (I had filed one many years ago and Ken Carpenter called me when he saw my name on the CAVC docket-)

is only appropriate when ALL avenues of appeal have been exhausted.

I lost the writ and he thought I had filed a denied case at the court (reason for his call) but nevertheless we talked for over an hour and he supported the essense of the claim that my Mandamus was based on and said to keep him in mind if my claim went to the CAVC (might have been COVA then).

I asked him for the names of some Court cases he had won and he gave me some names.I read them and knew right away-

he sure knew his stuff.

Is there any possibility you can gather more evidence?

[hurryupnwait]

Update

Called the Attorney's assistant today. The DRO starting working the claim again. Apparently, he will be sending a letter with medical records to Dr. Bash asking for a clarification of his medical opinion. Dr. Bash wrote a medical opinion that probably weighted the claim in my favor, but the letter was full of typo errors and I think this DRO is having a field day trying to discredit his opinion.

Thanks

Paul