How Dro Violated 38 Cfr 5107

[Guest Berta]

B)

Dont know where the topic is-

I stated in my email to the VA on Saturday that she did not do this:

Duty to Assist regs- 38 CFR 5107 (a)

(they are lucky I didnt need to get to ( B)

the VA "shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for benefits under a law administered by the Secretary." 38 CFR 5107 add Pub L No 106-475,paragraph 3"

The DRO, by failing to open my submissions and by failing to read them,could not 'obtain' the evidence (all was medical evidence)she (VA) had from me and thus she violated VA's Duty To Assist.

There was more to it too-but I made point to VA this failure alone and the failure of her to perform DRO duties and responsibilities in M21-1 as previously posted prevented me from filing a response to the SOC.

She CUED (or the VARO director there did=per my vet rep)on 38 USC 5107 and it was been already expedited Wednesday for the actual de novo review.

The 21-1 stuff will prompt her to get some training.Or a pay cut-

utter incompetence and of all people to screw with-

ME! B)

Edited September 23, 2005 by Berta

[carlie]

Berta,

Sorry it has taken me so long to access this post.

I had thought your previous post on this issue said USC 5107

and that's why I couldn't understand what you were saying.

I couldn't find any USC 5107 but did find it in CFR.

Thanks for helping.

carlie