Nod And New Form 21-0958

[donh777]

Maybe this new NOD form will work. I sent the nod in on June 26, 2013 and got notice today that my requested hearing with DRO is scheduled for July 23, 2013. We shall see what happens.

[carlie]

Be very careful what you ask for. Sending it to VACO might sound innocuous but it may create a six-month delay in implementing it. Or, after 3 months, they'll decline to offer an advisory opinion and begin anew on a brand new C&P. Either way, you have inserted a delay. Always remember 1) VA will attempt to misinterpret what it is you seek; and 2) will act on it even if they don't plan on offering an advisory opinion.

This is the H2IK sequence (Hell if I know). They employ it to great effect in delaying or slowing things down so they can CYA. I've seen this often where a Vet asks for a DRO hearing. After being ignored for about a year or more, he asked for a BVA Board hearing if they weren't going to give him his DRO hearing. Six months later, he got the notice that he had elected to abandon his DRO hearing request. Period. He never did get one. He still hasn't been scheduled for the BVA hearing yet.

AND THEN . . . when the claimant FINALLY has their BVA hearing

and receives an answer in 10-12 months - - -

Low and behold - - -

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it's a remand

because the VARO failed to afford the claimant a DRO hearing as requested - ha - ha - ha,

all the way to the funny farm . . . as they're coming to take us away - ha ha !

[71M10]

I think I would contact your VARO immediately and inquire why they think it appropriate to cancel the DRO hearing because they want a C&P. Ask them to immediately reschedule this hearing preferably before the C&P exam is requested/scheduled. What will happen is they will request the C&P with their preconceived idea of the "issues" ask the examiner to answer these specific questions and when your voice is heard it will be to-late. The generous VA will have provided you another C&P with a unqualified examiner who will answer their leading questions in the manner that they wanted them answered. The fact that they are not specialists will lead them to miss any of the real issues attached to the disability they are doing the examination for. They will issue the opinion after the exam without conducting the hearing and Carlie's observation will become reality!

[Motherof3]

How do you get a direct number to your VARO?

[71M10]

I would start this out as an IRIS inquiry, I try to keep my communications with VA in writting. It is hard to do, they don't want a record of their multiple screw-ups and the lies they tell to make you think everything is OK!

[FormerMember]

Which VARO? I'll look it up.

[donh777]

Just a update.. Been almost 2 months and still no C & P scheduled. Called Oklahoma Veterans today and he says to wait a couple of more weeks and call back. All he finds out is it been requested since July.