Dro Denied My Appeal

[Ryguy]

At first I was going through the BVA, but then my service officer said it'd be quick to DRO review. Ok, so my appeal that i've waited 2 years and 3 months for has been denied The statement says that at this time they are not approving my claim and the benefit of doubt doesn't apply because I had no evidence of my upperback and neck condition, and its not related to my disgenerative lumbar spine condition.

So now i've found some notes from one year later where i went to a chiropractor and had xrays and they saw some issues with my neck and upperback. Should I ask for a reconsideration?? Also the c&p examiner i recently had, was the same examiner that originally examined me and said it was less likely this was service connected, isn't this bias? And my IMO from my va doctor wasn't even mentioned or taken into consideration with this appeal. Should i bring all this stuff up during a reconsideration or is it safer just to go through the BVA or possibly just simply get an attorney

Is it best that I go to the board of veteran appeals or ask for a reconsideration. Any suggestions will be greatly appreciated.

[carlie]

bump

[Philip Rogers]

My personal opinion would be that if you want to get it addressed properly you should go to the BVA. However doing so will probably cause a remand and add 2-4 yrs to your claim. I feel the DRO is unlikely to change his/her decision. While a different DRO is probably required, I doubt it will change . . . however I could be wrong. The choice is yours. The problem is they have ya between a rock and a hard place and there's not much you can do. jmo

pr

[Ryguy]

Hi Carlie,

After today, my VSO called me and said that my claim was decided without reviewing my IMO. I had two medical opinoins. My VSO requested my medical file and told me to still fill out the BVA appeal forms just in case my case is still denied. Also the physician that I was examined by, i previously was examined by on the original denial of my claim. Isn't this like a bias decision because his opijnion of me was already formed? He even looked at his notes from a previous exam during my examination

The VSO also said that they have been having lots of missing information that was to be sent to the DRO at the Reigional office here. Soooo is this enough for benefit of doubt, CUE mistakable error, or would u push for a reconsideration.

I also found a xray report i got 1 and a half year after my accident which had findings to the injuries i'm claiming. Also what is bump?

Thanks for your help

Edited January 7, 2012 by Ryguy

[Philip Rogers]

"bump" is jump moving your post up to the forefront, hoping to bring you more responses.

pr

[hawkfire27]

It is my understanding that a dro review is a reconsideration. If I'm wrong someone will let you know.

So if you were denied and requested a dro review that was denied. All that is left for you do is a BVA appeal???? Am I wrong? Hmmmmmm

I would ensure that with your BVA appeal you point out all the information that was ignored such as missed imo's and other documents and submitted another copy with your form 9 of everything you have sent them so far.

[Ryguy]

Ok Hawk, you are right. I did the I-9 for the BVA appeal, my representative said that its best that I do a live video conference appeal. I agreed to it, I also turned in the I-9, with all the facts of the things that were missed in the decision making of my claim. My representative said that all claims are reviewed before going to the BVA and with the missing information, my decision could possibly be overturned before going to the BVA. She said its not a guarantee but we will keep our fingers crossed. Also i found some xray interpreation and a report one year after the accident that proves I have the same symptoms I have to this day. So we shall see