tdiu Dro Hearing Atlanta Varo

[scorned462]

Hey all,

I read this site alot and have submitted a few items in the past. I now need some advice and insight on what happens at a DRO hearing.

I applied for TDIU in 2009 after I received SSDI for my SC low back. I got the SSDI after I had L4-S1 fusion surgery in 2007. Took me 2 years to get SSDI. I am now SC at 50% for lumbar fusion, thoracic DDD and right knee reconstruction. I know my percentage is below the rating required for TDIU so I requested the extra scheduler route when I originally applied. I filed the NOD based on a TDIU denial and that no secondary issues, which are documented in my medical records, were considered.

My C&P for TDIU was done at QTC in Atlanta and was, in my opinion, cursory at best. I received no rating increase based on this exam. The VA however threw me a bone and gave me 2 scars rated at 0% from this exam. I didn't even ask for this.

I am scheduled for a DRO hearing at the Atlanta VARO in a couple of weeks. I was not expecting it to be scheduled this fast, but I quess this is a good thing.

My questions are, what should I expect at this hearing? What should I bring to the hearing? I have also had 2 cervical fusions done in the last 2 years but I am not SC for cevical spine. Can I ask for consideration of SC for cervical spine at this hearing or should I just keep quiet about a non-SC issue?

I just need any advice that others that have been through a DRO hearing can offer.

I am represented by a Georgia State VSO but I have never met the particular VSO that will represent me at the hearing. My local VSO said he does not attend any hearings at the Atlanta VARO and the VSO that works at the VARO will be the one attending.

Thanks in advance for any advice given.

Steve

[john999]

If you are asking for TDIU I would not bring up NSC issues because the VA is likely to blame those NSC issues for you being unemployable. Once they are SC'ed then bring them up. The hearing is informal but you want it on the record. You can have witnesses to testify to how your disability affects you daily life. If you have any new evidence for an increase you can present it. The DRO probably won't make a decision at the hearing. He/she will gather evidence and listen to witnesses and to you. If you have to wear a brace or use any device to help you get around be sure to be wearing them. The main thing is for the DRO to get a look at you and for you to get a look at him/her. First impressions do count, so don't get mad or argumentative. Stay cool and let your VSO present the evidence. Just dress the way you normally dress.

[scorned462]

Thanks for the advice. I have never had to appear for a hearing before and appreciate the help.