Seeking The Best Approach With Dro

[PayBack]

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!

[john999]

Yes, your POA can and should be there at the DRO Hearing. I think it helps when they do the unofficial horse trading. It is done with a wink and a nod, but it helped to have the POA there as well as my spouse. I gave up something and I got something. I think it is just a good idea to have someone present your claim for you and act as your lawyer. It takes the emotion out of it.

[PayBack]

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.

Since I've moved, can a meeting with a DRO been done via teleconference or would I have to fly back to Houston. Also, how difficult is it to have an entire case transfered to another region?

[PayBack]

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.

The individual who initially looked at the claim apparently didn't read everything. I would love to have them point out their reasons for denial. There were items omitted from the claim. The issues at hand now are rating increases. Nearly all were found in my favor , just @ 0%. The way my migraines were rated if just flat wrong. There's more than enough evidence there for a 50% rating but it sits today @ 10 %. The examiner claimed that I told him that I had 1 migraine every 4 days lasting for 2 days. He further states that I'm able to go to work with medication and that I stated there was no functional impairment with only 2 days lost time from work. The last few statements are blatant lies. According to his logic and what he says I should've received 0%. I was awarded 10%. This means that I have prostrating attacks averaging at least 1 in 2 months over the last several months. The verbage used above was taken directly from my "Ratings Decision". How did he arrive at the 10% based on his line of thinking? Regardless I have a documented 200+ days missed from work because of my migraines and since my retirement, my spouse has missed 46 days in 19 months to care for me and our twins during an episode. These are undisputable facts known by myself and others so why would I turn around and tell the VA examiner something different. I know, I really mustn't rapped too tight....

Take Care

[Guest rickb54]

Terry,

I disagree with your assessment 100%.........

I have won three claims on DRO....since its first inception in 2001. The time it took in each one varied.

one took 2 yrs and 5 months, another took 3yrs and 9 months and still another took 1 year and eight months. All came back approved with what I was asking for. Sure they took a little time, but I have one case at the BVA for the last 2 years so time is not an issue with DRO's. Either one takes time.

I have never had a DRO review come back with a carbon copy denial.

Anyone who has fought the system knows that it makes good sense to keep the claim at the lowest level possible.

Anyway

This is one we''ll have to disagree on....

[Guest jstacy]

Payback, Be careful. These sharks are out for blood. If they concoct decision that you are keeping your continuing education credits, Then they can as well get someone to say you are able to work. It is better to keep up the CME's on the internet away from any volunteer work. They consider volunteering as work. SSA does the same.

[Pete53]

Terry:

That is your experience. I have seen Veterans have positive results from DRO

Payback:

Moving a claim can be chancy. Some places will be better and some worse. One thing for sure at this stage it will delay stuff but your problem now is to make sure that your mail from VA gets to you in a timely manner.