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Dro Request For Hearing? Confused

SolInvictus

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SolInvictus Enthusiast

SolInvictus

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Fellows, can the DRO request to see the vet before making decision? If so, what are the pros and cons of the vet declining this request if the vet feels his new and material evidence is sufficient and nothing good can come of giving the DRO more grounds to circumvent the IMO and C&P results.

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jvretiredvet Rising Star

jvretiredvet

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can the DRO request to see the vet before making decision? I am not aware of anything that absolutely prohibits this.

If so, what are the pros and cons of the vet declining this request if the vet feels his new and material evidence is sufficient and nothing good can come of giving the DRO more grounds to circumvent the IMO and C&P results. If you truly believe that there is sufficient evidence to get what you want, turn down the request.

However, I'm not sure I would if I were in your shoes.

Fellows, can the DRO request to see the vet before making decision? If so, what are the pros and cons of the vet declining this request if the vet feels his new and material evidence is sufficient and nothing good can come of giving the DRO more grounds to circumvent the IMO and C&P results.

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SolInvictus Enthusiast

SolInvictus

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Jvretiredvet, I'm suspicious because they keep insisting on this. At first they tried to convince me I signed the request thru the vfw, when I pushed them on this they back tracked and claimed the DRO requested it. I have a feeling the regional office is up to no good and are grabbing at straws to get themselves out of granting my appeal. Knowing how they've taken every opportunity in the past 2 yrs to slow walk my claim, I have a strong feeling they're looking for a reason outside the C&P results and the mountain of evidence in my favor to justify denying me. Can they use my refusal to submit to this meeting as a basis for denial? I thought it was up to the vet to request this. My instincts are screaming its a set up, can it hurt my case to say no thanks?

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SolInvictus Enthusiast

SolInvictus

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Does anyone know the 38CFR section that governs the DRO concerning hearing requests? I would feel better if I read the regs and knew just how far they can stray to deny the vet outside of objective doctors evidence regarding PTSD and tbi claims

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SolInvictus Enthusiast

SolInvictus

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It sure sounds odd to me. I agree. I thought the vet was the one that requested it.

Yeah. I spoke to them and the issue apparently has to do with the overlap between tbi and PTSD. Seems they want to meet up to determine which level of each is most debilitating. If that makes any sense to you. I consented but I hope this doesn't adversely affect my chances of winning my case since ill be talking face to face with the DRO. My judge, jury and hangman.

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SolInvictus Enthusiast

SolInvictus

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I discovered it is all a crap shoot and the key is to never accepting no for an answer. I would visit with a VSO before, like the American Legion. DO NOT use DAV.

Good point. I've got the vfw but I can't say they've been too Stella up till now.

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carlie Grand Master

carlie

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Does anyone know the 38CFR section that governs the DRO concerning hearing requests? I would feel better if I read the regs and knew just how far they can stray to deny the vet outside of objective doctors evidence regarding PTSD and tbi claims

Go to the link below for your research.

http://www.benefits.va.gov/warms/M21_1MR1.asp

Chapter 4 - Hearings

Chapter 5 - Appeals

Section C - Decision Review Office (DRO) Review Process

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