Dro Delay Tactic

[Guest Dorothy Kansas]

This Dro is on a fishing expedition I keep winning he keeps requesting C&P's.

What can I do to get this thing moving.

[Guest Jim S.]

On the face of it, it sounds like they are Dr. shopping and or favorable opinion in their favor, this is one of the delaying technigues they use, but it is also illegal.

I'm not sure what the correct procedure is, maybe it might be a writ of Mandamus or something like it. Maybe someone else may be able to affirm this or give you the correct procedure to compail the VA to rule on the matter.

Asking someone from one of the service orginization may be of some help, if no one here can help.

Jim S.

[Arch]

Dorothy, click your heels together, can you spell "Senator", seriously If this is an illegal practice search Title38 find the section and paragraph. Then call "and" write a letter to your elected representative asking for help. B)

They tend to listen to Senators better than us lowly Vets. This works for me!!!

Arch Sgt USAF 8th AF SAC

[SLEDGE]

Ok,

The jerks are trying to wait you out.

When they do actually grant something the award is usually off the wall somewhere.

The fishing will not cease until you get to the court.

In my case,

the newly organized Tiger Team got me some of my earned benefits but 25 years overdue.

During the Tiger Team adjudication,

the Tiger Team threw out or failed to confirm most of the past reasons for my repeated denials.

When they, the RO jerks, keep doing the same crap over and over again you have to go over them to the court.

The court will ask the VA to state why your petition for mandamus should not be granted.

The VA will do something.

The mandamus no longer applies because the VA did 'something'.

It happens that way every time.

Before the Court,

In my case the VA has still not 'articulated' why my other claims, like the earlier effective date, have not been granted.

The court remanded everything back to the RO and/or BVA so the VA can articulate 3 years ago.

In any decision the VA is supposed to 'articulate' WHY the decision was made and the evidence used in the decision must be discussed in the statement of the case.

If not, the court can't tell 'why'.

Until the VA articulates the court won't touch it because the court must have specifics before the court can act.

How's that for judicial review?

As long as the VA is fishing, you will not have a good enough reason to appeal to the court......

Mandamus compels the VA to act.

Doing anything at all makes the mandamus issue moot.

If you go to the court while the VA is still doing 'something', the court will require an explanation as to why you are seeking appelant relief while the VA is still working your claim.

Pick up the applicable laws, rules and regulations before you go to the court so the court will know why you are seeking relief.

Good luck,

Tom

[Guest Berta]

Dorothy -read my post today- the actual text of the DROs job description and hold the DRO to it.

I just had a decision reversed from a DRO within 3 working days.

The DRO actually told my vet rep and her VARO boss that she did not read my medical evidence because she has no medical training and could not read it- !!!! I cant believe she said that!!!!

That completely supported my charge of violation of 38 CFR 5107 which I emailed to the VBA on Saturday and they routed it back to Buffalo.

The VAROS's VSM (her boss) and my vet rep told her to expedite my claims to a doctor at the VA who can read it.

It went to the VA doctor on Wednesday afternoon-

I have been assured of a prompt and thorough De Novo review-

what they said I could expect in March 2004.

Even before she issued the SOC she-the DRO- failed to call me or my vet rep,as within the regs to establish a "partnership" of resolve on my claims and made no attempt at all to give this all to a VA doctor- normal VA SOP-

When you have IMOs -(I have 2) from real doctors, they cannot send you a SOC or a denial at the DRO level until they find someone to review it who has a medical background ----

and also who has the ability to read.

This newby wannabee DRO has obviously been copying and pasting other veterans and claimants old decisions into new denial letters-for 3 weeks-

giving them de sameo sameo reviews-

if they sent medical evidence to support the claim-

I sure am concerned what happened to those vets?

As you can see from the regs-they have to account for their time- a person can send the VA a FOIA to ask just how long the DROs spent on the de Novos-

I think mine took 3 minutes tops last week-

that is all changing now -to my great joy!

Edited September 24, 2005 by Berta

[Pete53]

My God I can't believe that a DRO denied a claim because they could not read Medical Evidence. I think that you should call the Inspector General on this one after she makes another decision of course.

[Guest Berta]

AH HA- Peter -you read my War Plan! we think alike!

If the VARO and my vet reps didnt get this fixed by yesterday (meaning I would have this whole weekend to stew on it) the IG would have been

# 2 of # 1 and # 2 of my tactical maneuver plans by Monday.

I sure am still thinking about that.

It was the most bizarre SOC I have ever seen.

My vet rep said everyone at the VARO and his division were talking about me-and what happened-

I havent had that much attention since I sent to VARO, some evidence in support of an SSOC response I got in 1996.

The evidence I sent them were some of my husband's ashes.

Hey -you do what you gotta do!