Dro And 18 Months Later

[Ken1]

18 months ago,
I had a DRO hearing and have sit quietly waiting the results. This week I
called my senator to have someone with in the group to check status of my
claims. My appealed claims are with the rating specialist

Once the rating specialist completes their part, will the DRO hearing officer review
rating or with be open to any DRO officer?

The senator’s office with recheck status of claim in 45 days.

Thanks for any replies

Ken

[qwiksting]

june 2008 to now still waiting on vlj

[71M10]

Last I knew the DRO was supposed to be the person that "rated" the Denovo Decision.

My DRO hearing was March 2011. On July 25th, 2012 the DRO decided he needed clarifications on the C&P exams, they actually asked for those clarifications on January 2, 2013. 5 months 5 days (took out big federal holidays) to ask for the additional medical information.

Bottom line is appeals are getting the least amount of attention. VA publicly takes more heat for the delay on initial decisions. As for DRO reviews, I THINK they have pulled so much person power off of appeals and put it towards initial claims, it has caused the appeals backlog to skyrocket, the retro amounts on Denovo reviews are ballooning and I suspect there is an unwritten law to the effect of "thou shall not grant large retros". The DRO's are senior raters, they know they cannot be held accountable for an incorrect decision (even if they act contrary to 38CFR or M21-1MR). Even if they could be held accountable for bad decisions they know that between remands and the AMC they will most likely be retired collecting a fat pension (partially based on the bonuses received for their flawed work) before an affirmative decision is rendered that would call into question thier skill or competancy.

Look on the bright side, some of us will get that 20 year protected rating they day they grant benefits with an effective date 20 years in the past!

[KMoeller68]

I recevied a letter dated 21 Feb 2013 from my VA Regional Office (Oakland, CA) stating they are in receipt of my claim (Appeal filed May 2012 with DAV assistance) and due to back log, a decision in my case may be delayed (I opted for DRO Review after the VA received by NOD).

Yesterday, I decided to call the 800 number and inquire on the 'wording' of the letter, as I wanted clairification the VA was referring to my Appeal, not my initial claim that was denied.

I was told it was regarding my appeal, and that a 'drop dead' decision date was put on my appeal of August 19, 2013. I asked what that means, and the rep couldn't really explain it, so I contaced my DAV (since my initial claim filing in April 2010, I have only spoken to the DAV once!) and yet again had to leave a message...that I know won't get returned.

Has anyone else been through this?

PS....I actually went down to the Regional Office in Oakland and viewed my C-File....and found all the medical records indicating the medical diagnosis I based my Claim on, and the VA denied my initial claim as "No evidence of service connected condition while on active duty". I have provided all my civilian medical files (that show throughout the last 20 years I have been seeking medical attention for my diagnosis), a Nexus letter from my civilian provider to the VA (indicating that I have a lifelong condition that is chronic and I am prone to flare ups that can be dibilitating...and connecting the diagnosis in service and subsequent treatement since separating). When I viewed my C file, I requested (and received) copies of the documentation in my C-File that provide my diagnosed condition while in service.

The ironic thing is....when I looked through my C-File, my C&P Examiner put colored tabs on the pages that indicated my diagnosis...and in my Denial letter, it referrs to the examiner not finding any evidence in my file that I was ever diagnosed with that condition...Can anyone explain that? Is it that bad at the VA that they just deny claims, even though the evidence is staring at them in black and white (I hade several procedures/tests that show the diagnosis while in service)?

Oh...PSS...while in the original claim process, I actually got a call from a case manager regarding clarification on my mailing address, and even He acknowledged he saw in my claim file the diagnosis.

I'm so stressed out (stress causes flare ups) over all this, I wonder now, if I should file a claim for stress/anxiety!!!

Thanks for listening! Any thoughts on that drop dead date?

[carlie]

CB,

Those cases are just pitiful and a damned disgrace -

what ba^*#@ds.

[deanbrt]

."and in my Denial letter, it referrs to the examiner not finding any evidence in my file that I was ever diagnosed with that condition."

Are you sure it did not state while in service?