Need To Get Some Dumb Questions Out Of The Way.

[Slowlane]

1. Is a request for a "predetermination" hearing the same as a DRO review?

2. I requested a predetermination hearing and while I am waiting for it to be scheduled I am seeking Newer Material Evidence. If this evidence gets produced before the predetermination hearing should I submit it to the VARO then or just take it with me when the hearing takes place?

3. “What is the air-speed velocity of an unladen swallow?”

Thankeyvarymauch Slowlane

[trailblazer]

I can't answer your questions but someone on this site can and will. Remember this, a question is never dumb except when its never asked.

[stillhere]

A lot of this is going be time sensitive. I mean if you get it long before your meeting then I might ship/send it before. But if you don't get it in time I would take it with you. I am pretty sure at a meeting like this either you or your representative will be asked if you have anything to add?

But always,always remember to keep a copy of everything so either way you are covered!

Stillhere

[broncovet]

Slowlane:

1. No, a Predetermination hearing is not the same as a DRO review. A DRO review suggests there is no hearing, that the DRO "reviews" the documents and there is no hearing. If you want a DRO "hearing", then you wont be having a DRO Review.

Since yours is a "predetermination hearing", it sounds like its a DRO hearing, but not a review.

2. I would do both. You probably already know the VA loses half your evidence, so if they lose half before and the other half after the hearing, then maybe they will get it all. Then again, they may get both the same halves.

3. I have no idea.

[Berta]

Is this predtermination hearing something regarding

Waivers and Compromises

like VA says you owe them money?

Or they have proposed some type of adverse action?

[Slowlane]

Hey Berta! Its Adverse action - service connection severance. Below I cut/paste from cfr 38 Thanks SL

(Authority: 38 U.S.C. 5112)

(i) Predetermination hearings. (1) In the advance written notice concerning proposed actions under paragraphs (d) through (h) of this section, the beneficiary will be informed that he or she will have an opportunity for a predetermination hearing, provided that a request for such a hearing is received by VA within 30 days from the date of the notice. If a timely request is received, VA will notify the beneficiary in writing of the time and place of the hearing at least 10 days in advance of the scheduled hearing date. The 10 day advance notice may be waived by agreement between VA and the beneficiary or representative. The hearing will be conducted by VA personnel who did not participate in the proposed adverse action and who will bear the decision-making responsibility. If a predetermination hearing is timely requested, benefit payments shall be continued at the previously established level pending a final determination concerning the proposed action.

(2) Following the predetermination procedures specified in this paragraph and paragraph (d), (e), (f), (g) or (h) of this section, whichever is applicable, final action will be taken. If a predetermination hearing was not requested or if the beneficiary failed without good cause to report for a scheduled predetermination hearing, the final action will be based solely upon the evidence of record. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant or beneficiary, death of an immediate family member, etc. If a predetermination hearing was conducted, the final action will be based on evidence and testimony adduced at the hearing as well as the other evidence of record including any additional evidence obtained following the hearing pursuant to necessary development. Whether or not a predetermination hearing was conducted, a written notice of the final action shall be issued to the beneficiary and his or her representative, setting forth the reasons therefor and the evidence upon which it is based. Where a reduction or discontinuance of benefits is found warranted following consideration of any additional evidence submitted, the effective date of such reduction or discontinuance shall be as follows:

(i) Where reduction or discontinuance was proposed under the provisions of paragraph (d) or (e) of this section, the effective date of final action shall be the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final action expires.

[Slowlane]

Slowlane:

1. No, a Predetermination hearing is not the same as a DRO review. A DRO review suggests there is no hearing, that the DRO "reviews" the documents and there is no hearing. If you want a DRO "hearing", then you wont be having a DRO Review.

Since yours is a "predetermination hearing", it sounds like its a DRO hearing, but not a review.

2. I would do both. You probably already know the VA loses half your evidence, so if they lose half before and the other half after the hearing, then maybe they will get it all. Then again, they may get both the same halves.

3. I have no idea.