Dro Or Trad Appeal

[oddairman]

Okay so I get this letter in the mail. Oh dont you love getting VA mail.

This is in reference to the NOD that I filed a couple of months back. They say I can have a DRO look at or just continue the tradtional appeal process. hmmmmmmmmmm. Idk what to do. Then they have something called Clear and unmistakable error - de novo review. Im starting the think that I will need a BA in Veterans Law to understand thses letters along with the process.

Anyway, I have to respond to this letter. Do I take the DRO and risk them denying the case and then have to go and wait on the tradtional appeal or to I just go straight to the tradtional appeals process?

Anyone go straight to the appeals process?

[Bigred122]

asked them if they wanted paper or CDs on my DRO Binders that I organized specifically for the "Hearing"! Yeah, that'll make 'em just ecstatic.

A DRO Review is supposed to be a review of the evidence that was used to make the original decision. Anymore, it routinely has become submission of new evidence. Kinda makes one wonder what the original decision would have been, if that new/additional evidence had been made available to the RVSR.

Unfortunatelty the veteran doesn't always get to see what BS was written by the C&Pexam Drs before a decision was made by the RVSRs.Since the decision, I have acquired a Medical IMO by a specialist,a buddy statement and had to show evidence disputing the non factual biased opinions of the C&P Drs. As well as address their specialist opinion based on only half of the evidence available to her.And address her observations that documents were obviously removed from my medical files. So evidence to disput their Drs. amounted up to #40 lbs of paper in 6 binders addressing 13 disabilities or if they choose all neatly placed on 2 CDS. One containing all 6 binders info and one with updated medical evidence from a surgery that should have been done 4 years ago. I think you MIGHT agree it is hard to dispute opinions that have NO medical facts on record prior to being aware of the lies. But that is how they drag the process on and clog the system.The vet is always having to try and read their minds.Just like I'm still trying to get records they had in 2011,had to jump thru hoops to get and once thru hoops records have now disappeared.Didn't forsee that happening.lol Kinda the type of things Class Actions are made of Medical malpractice followed by altered records,failure to do Administrative Duties, Denying Due Process,removal/destroying of medical evidence in favor of veteran,failure to notify and treat veteran for emergency surgery.And the list goes on!! If they would do their jobs correctly and fairly the first time, the veteran and the system won't be clogged with redos. Now because of false information, I am forced to spend thousands of dollars I don't have to get Honest Drs to dispute VA Drs in IMOs that I shouldn't need, but have to get because thats how the game is played.Just like one usually doesn't get SSD until they turn you down and you get a lawyer then you win. No lawyer, you keep losing even with the same evidence.Because thats how it is played!.Va plays same type of game, just different rules, THEIR RULES(subject to change at any given moment).I'll keep on Keepin On until they realize I'm in the game till the end.If they keep submiting lies, I'll keep submiting the truth until the last tree or last CD is produced.Should it go all the way to the CAVC, I already have a WINNING attorney who has offered to represent me for it. Until then,like always, it's me against them until the end.I may be an old dog, but I promise you my last breath will be attached to a BIG BITE!! Mike

[broncovet]

There are two types of DRO's:

1. DRO HEARING. This takes longer, as a DRO must schedule the hearing. You meet face to face, and get a chance to tell your side of the story. Good if you are a good "talker", not so good if you are less skilled or not comfortable with words.

2. DRO Review. The DRO "reviews the evidence" and makes a (new) decision. There is no hearing,and this is the fastest.

Again, if you have new evidence, then opt for the DRO, (a hearing if you are good with words or have a rep who is good with words). If you do not have new evidence, my advice is to skip the DRO and go to the BVA.

[Bigred122]

There are two types of DRO's:

1. DRO HEARING. This takes longer, as a DRO must schedule the hearing. You meet face to face, and get a chance to tell your side of the story. Good if you are a good "talker", not so good if you are less skilled or not comfortable with words.

2. DRO Review. The DRO "reviews the evidence" and makes a (new) decision. There is no hearing,and this is the fastest.

Again, if you have new evidence, then opt for the DRO, (a hearing if you are good with words or have a rep who is good with words). If you do not have new evidence, my advice is to skip the DRO and go to the BVA.

I did all the talking at my SSD hearing, fighting off vocational specialist as well as neurosurgeons opinions. My attorney only gave his name. With every talking point they had, I countered with my own opinions at the end they both agreed with me as well as did the judge. While in the Business world, I have done several sales presentations, sales training and seminars.I do much better at speaking than I do at writing, so I have no problems facing off the challenges and giving my perspective on things. Many times during this process, I have had to explain medical situations than normally have been over looked on my claims. My surgeon has learned over the years to have joint conferences with me concerning what direction we should be taking on my medical treatments. She has stated that my involvement makes her job easier and we can come to the right solution the first time.No one knows my body better than I do.If the DRO follows the law and grants the claims that the C&P Drs based their opinions on biased opinions and not medical facts in record and a couple claims were records were withheld from me, they will have to grant about 80% of my claims.The Drs IMOs I will be getting should help with the other 20%.But we already know that they don't always do what or how they are suppose to. When the RO Director had a DAV employee harass me to give up because Presidents staff was asking questions, it just made me plant my feet deeper.The DAV employee admited not looking at my record, not a smart move on his behalf. So when I told him I had a nexus letter and a Buddy statement to be added to claim,he backed down a bit. Then it just turned into a grunt vs marine snow writing contest. So bring on the Steel cage I'm ready, walker in one hand and cane in the other.Mike

Edited August 4, 2012 by Bigred122

[john999]

If I have new evidence I would ask for a DRO Hearing or a Reconsideration before I went to the BVA. Take all the bites at the apple you can get before getting in line at the BVA. In the last 11 years I have won all but one claim at the VARO.

[deanbrt]

So many differing opinions on this. Mine is the DRO is at the same site that just turned you down and may be friends with them.I see no sense to pursing that avenue unless you have dramatic new evidence... Everything I won I won at BVA. Your call....