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

[vaf]

Berta, we had an appeal at the Board for seven years, over two which had been at the Appeals Management Center after a Board remand with no end in sight. We couldn't get a Board decision because the AMC wouldn't process the claim, and wouldn't give us any idea of when they would take any action. When this kind of thing happens, there's no way the vet can exhaust all avenues of appeal because the veteran can't access the process.

We wrote our own writ petition, which wasn't all that difficult. When the veteran is filing himself, the rules are not as strict as they would be if an attorney filed. Even though the petition was eventually denied, it blasted the appeal out from under the AMC and back to the Board. The AMC recommended a denial, we countered with additional evidence that had evolved during that period of time, and the appeal is now pending at the Board. If it goes much longer, I may consider another writ petition because it's been there now for over two years. All we want is a Board decision, up or down, so if we need to, we can go to the Court and secure attorney representation.

[broncovet]

My first thought was to follow VAF's advice and file a writ. However, Altho I agree with VAF because a writ is saying, "Im not going to take this delay any longer", I recommend you follow Ken Carpenter's advice, instead. Ken Carpenter has won many, many hundreds of thousands of dollars for Veterans in sometimes "landmark" (precedent setting) cases.

Remember, Ken Carpenter has a financial interest in winning your case also, and I can pretty well guess he would rather get his money sooner rather than later.

VAF offers outstanding advice, but Ken Carpenter obviously knows YOUR case better, if he is your lawyer.

I know its frustrating, but you hired him and now you need to trust your lawyer. JMHO

[broncovet]

Oh, and I say this even tho I think filing a writ got my case going also, and eventually won it for me even tho the writ was denied. Most of the time the intent of filing a "writ" is not to win, but rather to get a claim moving that is "stuck" somewhere in the appellate process.

One alternative is to wait, maybe a month or so, and file the Writ pro se. As someone pointed out, pro se Writ's are not expected to be up to the level of attorney represented Writs.

In my writ, the judge told the RO's attorney to respond to my allegations. They did "respond" to the court, lying about some stuff. They also had to "show their hand" which was instrumental in me eventually winning my case. You see, the RO cant tell the CAVC court one thing, then tell the BVA judge something else without getting egg all over their face. Pretty much, thats what happened, because there is one hard and fast unwritten rule the Va always follows: THEY NEVER ADMIT THEIR LIES BUT TRY TO COVER THEM UP INSTEAD.

It took me a month or so to prepare the writ, so if you need something to do to keep you from going nuts, then you can prepare your writ. Heck, you can even send it to Mr. Carpenter if you like.

[broncovet]

Remember, Veterans still have something "in their favor". I think this is a well kept secret at the VA, "leaked" by Supreme Court justice Roberts. Paraphrasing, Roberts, "In 70% of the cases the VA takes a position that is substantially unjustified, against the Veteran".

I think some interpreting of what this means to Veterans in necessary here. The VA is going to fight you, tooth and nail, even when they have a weak or no case at all, just to see if you will persist. They are hoping you will get tired and give up, or die. The sad part for Veterans is that the VA wins 100% of the time. You see, whenever they can pay you 10 or 20 years later, without interest, the VA has made an interest free loan against the Vet, and the Vet looses even when he "wins". How?

You see, on a long term basis, such as a home loan, the interest is more than the principal. So the VA keeps the interest, and you get only the principal. If you dont think so, go to a mortgage calculator, and just see how much interest there is, say on a 30 year home loan.