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Seeking The Best Approach With Dro

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PayBack

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PayBack Apprentice

PayBack

Posted
Posted

Okay Guys & Gals,

I need some advice on what to do next. My current status is with the DRO since January 06. By chance I was on the phone with a clerk researching another problem with my pay and discovered that somehow they got the idea and was researching whether or not I'd re-entered the military. This is a classic case of someone looking for the "smoking gun". I submitted additional evidence on my claim for carpal / cubital tunnel and the provider listed me as a " RH dominate pharmacy technician working @ Randolph AFB" . That's the only thing that could've got him excited. Problem is that as a registered technician, I have to maintain certifications in order to keep my registry. So to achieve this, I volunteer a few hours a month to get that documented in the event I do get healthy and return to work. However, I can only hope that he was just as studious in combing through the rest of the documentation. Unfortunately, I hoping against all hope there. The question is can I or should I request to go straight to the Board so I could get my hearing and end this once and for all. If I could gain an audience, I know 'I'll succeed. Let me know where to go from here.

Thanks!

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vaf Mentor

vaf

Posted
Posted

If it goes to the Board, you may be tacking on another 24 months before you receive a decision. Just thought I'd mention that. I'm trying to help a vet right now whose claim was before the DRO for 14 months, and he just received the same denial earlier this month.

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Hoppy Mentor

Hoppy

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Do you feel like kicking around the medical evidence in your case? Cases are won and lost on the medical evidence. Gaining an audiance without a doctor supporting your claims may result in another denial. If you feel like kicking around the medical evidence, why was the claim denied.

Hoppy

100% for Angioedema with secondary conditions.

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john999 Grand Master

john999

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I would just wait for the DRO' decision and then if you don't like it you can go to the BVA. You can also ask for a personal hearing on the matter at any time. When you see the DRO you can provide new evidence at that time if you like and they will consider it.

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Pete53 Grand Master

Pete53

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You can request a Hearing with the DRO. This will give you the opportunity to talk to him and clear up any questions or wrong tracks.

Most Veterans are not fully aware that they can and must be given a Hearing anythime that they request it.

Veterans deserve real choice for their health care.

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carlie Grand Master

carlie

Posted
Posted

Unless a vet is trying for a re-open I feel it is always best to

submit additional evidence instead of new to continue with the

earliest effective date possible. But new evidence IS I guess different

than new and material as in a re-open.

Does that make any sense ?

That could be our 1st elders discussion topic ?

Any takers ?

Carlie passed away in November 2015 she is missed.

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Guest jangrin

Guest jangrin

Posted
Posted
I would just wait for the DRO' decision and then if you don't like it you can go to the BVA. You can also ask for a personal hearing on the matter at any time. When you see the DRO you can provide new evidence at that time if you like and they will consider it.

John999,

If you request a hearing at the DRO, is your POA required to be there, or are they given a opportunity to be there? Just wondering.

Jangrin

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      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
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      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

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    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

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    • Post in Chevron Deference overruled by Supreme Court

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      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

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          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
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    • Post in Re-embursement for non VA Medical care.

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      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

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          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

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      https://www.law.cornell.edu/cfr/text/38/3.344

       
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