Files I 9 About 18 Months Ago

[Ken1]

I now have a DRO schedule in October 2011. How should I prepare? What documents should I have during hearing for DM II? I have a list of chemical and other hazards that I was exposed.

Thanks for any reply

[carlie]

I do not know if I will win or not but I want my time on the soapbox and look someone eye to eye to explain my case.

If I win great if not I win end the battle believing I turned over every rock and left knowing on the table.

Ken,

I understand how you and other's feel about a face to face hearing, I've been there

many, many times.

I do want to point out 2 things.

1) We go to these in person hearings and usually the DRO or ALJ (BVA level) sit

across from us and they know they are going to provide us with an hour or perhaps a little

more, of their time. During that time we are physically right there with them.

They do not want to upset us during this time, they smile - they nod their heads and they

usually seem to be in agreement. They assure us they will really look over everything really good.

At the end of EVERY hearing while the recording is still going - they ask if you feel you've been

provided with ample opportunity to present your claim issues - by the M21-1MR instruction

they are supposed to ask this question.

Now if you or your VSO requested it - about 6 months down the road you will get a written transcript

of your hearing. As you read it - you will more likely than not feel like they have made you to look

like an idiot. Everything the DRO or ALJ has said during the hearing is typed out nice and clear.

Much of the audio by the claimant will be typed out in the transcripts like below.

DRO : And let me ask you when this medical problem began ?

Veteran : Well sir, back in 1973 when I was in AIT and out on the (inaudible).

Veteran : Sir I have some evidence from the VAMC (sound of papers being shuffled).

Transcripts such as the above go on through out the hearing and this happens

very, very often.

2) If the denial is continued by the DRO - you have the options of continuing your

appeal in a timely manner to the BVA and the CAVC.

If I am understanding this right - your claim is for issues that relate to some type of

chemical exposure outside of RVN or Korea.

There have been stateside claims for AO granted but very few.

It will probably be at least 12 months after the DRO hearing before you hear anything.

I hope it goes well for your claim issues.

[Ken1]

Carlie

Thanks for the input, knowledge is a wonderful thing

[retiredat44]

my 12 months since my dro hearing dec. 8, 2010 is coming up soon,, so fat no decision on 3 of 6 issues... 3 issues got an SSOC anhd SOC. The other 3 issues never got a decison at all. My form 9 has been in for about 18 months..

they sure like to let disabled sick vets go through hell while they take their sweet time... O even asked my case moved up because I suffer from terminal diseases,, so far my vso hasn't respnded with any answer on the requests I made to see if they wil take into account al the terminal diseases I suffer from...

the people running the va claims system come accross as evil and uncaring...

while waiting, I have 2 new diseases on top of al those I already suffer from...

I can die from pancreas disease, possiblity of blindness,going back into the hospital for more operations, going back into a wheel chair from nervous and muscle system diseases, and the list goes on.

everyday it is more bad news,, just wait and wait...

Edited October 15, 2011 by retiredat44