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Dolphin25

Expedited Appeal Request

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I recently sent a letter to my DAV rep in New Orleans requesting an expedited hearing with the DRO on my increase for Aid and Attendance to a higher level. On Jan 13th 2011 they sent me a letter

stating they received my request and stated a hearing is not necessary for them to process my appeal further sending me a form with 4 different choices for which hearing I want. I was under the impression when I initially requested a hearing by the DRO back in October 2010 that this officer would review all the facts of my case along with any new info I may have sent in and render a decision before it goes to the Appeal part of the case. All I wanted was an official request to expedite the decision by the DRO. From the form I have I can choose 1). Local Hearing with a DRO at the New Orleans Regional Office 2). Video Conference Hearing before a BVA member 3). Travel Board Hearing by a BVA member at the New Orleans RO. 4). Hearing before BVA in Washington, DC. or 5). No longer wish to have a hearing on my appeal.

What I don't want is to physically have to travel and appear before a hearing..there would be way too many problems and chances are 99% I could not find anyone to take me unless I was able to hire an ambulance to carry me and hire someone to be with me 24/7 and I just don't see that happening. I thought that a DRO (Decision Review Officer) if one chose, would review the RO decision and render his own decision in which he could grant or deny an uphold the Regional Office decision. If I do nothing they will schedule a hearing for me within 30 days.

If I check number 1 "I request a local hearing with a DRO at the New Orleans RO" will they schedule for me to appear before the DRO in New Orleans or will he just review my case without me being there, which is what I would like or should I check the "I no longer wish to have a hearing on my appeal. Please forward my appeal directly to BVA??

Berta you originally suggested when they denied my claim for an increase in AA that I file for a DRO review and all along I thought this is what has been happening down in New Orleans..now if I don't respond they will automatically schedule a hearing for me. How should I head this off???

Thank You

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"Berta you originally suggested when they denied my claim for an increase in AA that I file for a DRO review and all along I thought this is what has been happening down in New Orleans..now if I don't respond they will automatically schedule a hearing for me. How should I head this off???"

Did you ask for a DRO Review?

A DRO review is supposed to be a de novo "new look" at the claim and evidence.One does not have to be present at a DRO review.

"I recently sent a letter to my DAV rep in New Orleans requesting an expedited hearing with the DRO on my increase for Aid and Attendance to a higher level. On Jan 13th 2011 they sent me a letter

stating they received my request and stated a hearing is not necessary for them to process my appeal further sending me a form with 4 different choices for which hearing I want."

This says you asked for a hearing..But they are saying a hearing is not "necessary" and I have never seen that type of statement from the VA. Yet they sent you info to pick a type of hearing that they just said was not "necessary" :blink:

"I thought that a DRO (Decision Review Officer) if one chose, would review the RO decision and render his own decision in which he could grant or deny an uphold the Regional Office decision. If I do nothing they will schedule a hearing for me within 30 days." Right for a request for a DRO "review".

You need to find someone with your POA who cxan attend the hearing in your place since they are setting one for you even though they said a hearing it's necessary.

What response did you get when you requested =as I suggested- a DRO Review?

I had 2 DRO reviews in 2005. My former vet rep stood in for me in the second one.

He was going to present my evidence and IMO that they had consistently ignored.I got the same DRO who couldnt read my evidence the first time in the first DRO review.

During the second review the DRO told him she didn't know how to read the IMO.(prepared by former VA doctor and fully in comliance with the IMO criteria.) That became part of an OGC complaint I filed.

Get someone who you can trust with your POA from a good vet org to stand in your place at the hearing they want to schedule but say they do not find necessary.

Shw the letters you have recieved from the VA to the vet rep you get.

Has a DRO already 'reviewed' the claim on a de novo basis?

Did they issue a SOC/SSOC on the "review" already?

As I mentioned before you must have evidence that warrants the steps to their highest A & A awards.

I recently had to prepare an A & A claim for my deceased husband under Nehmer.

I had to take them step by step to the "S" award which is obvious but they never granted it to him and then step by step ( using the medical evidence)to grant A & A and then get him up to level of SMC "M" award.

I hope they have medical evidence from you that fully warrants a higher level of A & A.

Did any recent SSOC exclude your evidence?

A rep needs to look over the letters you are getting from VA as they are conflicting to me.

30 Days goes by fast so best to seek a rep ASAP! One who has office in or near your VARO.

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A personal hearing is not necessary as long as you don't want to win your claim. I would ask for the personal hearing and do asa Berta says to get your VSO to appear or to get there my hook or by crook. I had no luck with the DRO Reviews. You want ot speak to someone face to face.

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Berta...I answered your questions written in bold and underlined to make it easier to read. I apologize as I was thinking you would remember me and my claim and what had been discussed but I am pretty sure you have hundreds if not thousands of responses from vets to wave through. I only asked for an expedited DRO review as my situation has gotten much worse but I did not know they would go the route they did...

"Berta you originally suggested when they denied my claim for an increase in AA that I file for a DRO review and all along I thought this is what has been happening down in New Orleans..now if I don't respond they will automatically schedule a hearing for me. How should I head this off???"

Did you ask for a DRO Review? YES, back in October 2010

A DRO review is supposed to be a de novo "new look" at the claim and evidence.One does not have to be present at a DRO review.

"I recently sent a letter to my DAV rep in New Orleans requesting an expedited hearing with the DRO on my increase for Aid and Attendance to a higher level. On Jan 13th 2011 they sent me a letter

stating they received my request and stated a hearing is not necessary for them to process my appeal further sending me a form with 4 different choices for which hearing I want."

This says you asked for a hearing..But they are saying a hearing is not "necessary" and I have never seen that type of statement from the VA. Yet they sent you info to pick a type of hearing that they just said was not "necessary" :blink:I am guessing there are many things within the VA System you haven't seen and this is just one more..They write: WHAT YOU SHOULD KNOW "In your letter, you mention you would like a hearing (No an expedited hearing from the DRO who is reviewing my case now). A hearing is not necessary for us to process your appeal. You may ask for a hearing if you feel you need the opportunity to present more evidence about your appeal. However, you may prefer to mail any evidence you want us to consider. If you do mail your evidence, we will evaluate it. If the evidence warrants, we can change our previous decision. If the evidence is presented at a hearing, a decision will be made after the hearing. Either way, the evidence will be placed in your record. There are four types of hearings avaiable to you.....and I have already mentioned those.

"I thought that a DRO (Decision Review Officer) if one chose, would review the RO decision and render his own decision in which he could grant or deny an uphold the Regional Office decision. If I do nothing they will schedule a hearing for me within 30 days." Right for a request for a DRO "review". Again I did that in October 2010

You need to find someone with your POA who cxan attend the hearing in your place since they are setting one for you even though they said a hearing it's necessary.

What response did you get when you requested =as I suggested- a DRO Review? Actually I haven't received any response, I know my claim was denied and I requested the DRO review and from the ebenefits website my record file is still with the Regional Office in New Orleans

I had 2 DRO reviews in 2005. My former vet rep stood in for me in the second one.

He was going to present my evidence and IMO that they had consistently ignored.I got the same DRO who couldnt read my evidence the first time in the first DRO review.

During the second review the DRO told him she didn't know how to read the IMO.(prepared by former VA doctor and fully in comliance with the IMO criteria.) That became part of an OGC complaint I filed.

Get someone who you can trust with your POA from a good vet org to stand in your place at the hearing they want to schedule but say they do not find necessary. I have been using the DAV for years and they are still listed as my Vet rep, I don't know if they attend these hearing or not as whenever I have tried to call I get a busy signal so I write their office but still get no response, I also fax them information and again get no response I don't know when or if they actually step in on a Vets case whether it be during the appeal process or what. I have written every attorney listed with the Veterans groups including the one on your show and I can't get any takers.

Shw the letters you have recieved from the VA to the vet rep you get.

Has a DRO already 'reviewed' the claim on a de novo basis? I do not know

Did they issue a SOC/SSOC on the "review" already? Not to my knowledge, I have received no paperwork indicating that or anything...I am just in limbo

As I mentioned before you must have evidence that warrants the steps to their highest A & A awards. I submitted as new evidence the letter from my Doctor which fulfills the Statutory criteria that unless I receive a higher level of care then I will be left with going to a nursing home care facility. To me this is about as strong as it gets as a Dr. is not going to put himself out there like this unless he has qualified evidence to support his decision and he does.

I recently had to prepare an A & A claim for my deceased husband under Nehmer.

I had to take them step by step to the "S" award which is obvious but they never granted it to him and then step by step ( using the medical evidence)to grant A & A and then get him up to level of SMC "M" award.

I hope they have medical evidence from you that fully warrants a higher level of A & A. Put it this way the L level I am at now was ok 10 years ago but has since progressed beyond the L level. I am in a hospital bed all day hooked up to a catheter. I don't have anyone to come into my home to help do absolutely nothing for me except on a sporadic random basis and I have to pay for this service and they cost more than I have or can pay.

Did any recent SSOC exclude your evidence? NO

A rep needs to look over the letters you are getting from VA as they are conflicting to me. Me too, but I don't have the ability like most to hop into a vehicle and whiz around and they sure don't make house calls

30 Days goes by fast so best to seek a rep ASAP! One who has office in or near your VARO.

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If I do nothing they will schedule a hearing for me within 30 days.

Dolphin,

I've got some high, dry property for sale real cheap in the Everglades, no snakes or gators - for sale.

It's a great buy !

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