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Dro Hearings "informal Conference" Request

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Gastone

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2 NOD filed with DRO hearing requested and pending, 2010 and 2011. While reviewing DRO instructions in 38 CFR, I came across the "Informal conference" section. I have as of 4/12/14 requested that I be allowed an Infromal conference prior to the DRO Hearings.

Anybody with "Informal Conference" experience?

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  • HadIt.com Elder

I don't see the use of an informal conference before a DRO Hearing. The DRO Hearing is pretty informal except they tape it. You want present witnesses and evidence at the DRO. The DRO can horse trade especially if you have some kind of representative with you. You can ask for a Hearing regarding your claim at any time.

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2 NOD filed with DRO hearing requested and pending, 2010 and 2011. While reviewing DRO instructions in 38 CFR, I came across the "Informal conference" section. I have as of 4/12/14 requested that I be allowed an Infromal conference prior to the DRO Hearings.

Anybody with "Informal Conference" experience?

why is it that you chose an informal conference?

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Regarding my decision to officially request an "Informal Conference" for each of my pending DRO review hearings. Needless to say, I have spent quite a bit of time researching and reviewing the DRO review in the Comp Appeal process. I realize that by my requesting the "IC" with the DRO team, I may be adding some extra time to finally getting the official review. As we all have become increasly aware of, it is almost impossible to determine exactly when a Vet's DRO Hearing will take place. The best I've been able to determine, is both of my appeals have reached numerous "Diary Dates", with no further info available from VA or VSO at the VRO in Detroit. I understand that a Vet could file a "Writ of Mandamus" and try to push the VA.

After reading about the DRO and the claimant being able to use the "IC" per M21-1MR,Part I,Chapter 5 Section C, I made the decision to make written requests for "IC" on my 2 Appeals. I discussed my decision with a VSO that I use on occasion. I started the discussion by asking him what he new about "IC's," and the pro and cons. Time will tell and I'll tell you the outcome.

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Detroit, I feel for you!

I originally sought out an informal conference, because I thought that if they just understood my point of view and were directed to the pertinent evidince this could be decided quickly and efficiently. I found out very quickly they are not interested in efficient or expediting anything. They only want to work the process they have, regardless of if it works or if it provided just outcomes!

All informal conferences are at the discretion of the Regional Office and DRO assigned.

An informal conference can be requested at any time.

That said, my experience with an informal conference request with the Detoit regional office:

Made a verbal request when talking with a VSR in the Detroit office - Was told I had to submit the request in writing (not true)

Submitted it in writing - received a communication from Detroit stating I could not request an informal conference.

Sent reply to Detroit pointing out the section and subsection of M21-1MR that instructs that a claimant can request an informal conference at any time. Asked for answer on informal conference request. I then received a reply indicating that they were changing my Formal hearing request to and informal conference request and that it was denied.

Contacted Mike Roger's (representative) office, his liaison contacted Detroit. They told his office I could not request informal conference. I provided Rogers office with a copy of the M21-1MR that showed I could request a conference. Correspondence from his office caused Detroit to restore the request for DRO hearing, Informal conference request remained denied.

After seeing how this office blatently LIED in writing to a US Congressman, there is NO-WAY I will confer with the Detroit Regional Office. All my communication is in writting with them (return receipt requested) or at a formal hearing(recorded and transcribed). REMEMBER they will jot down notes regarding the conference, and put them in the c-file, their notes are the OFFICIAL version of what was discussed and agreed to in this conference.

There are a few good people in this regional office but the majority are as crooked as the day is long! Keep everything documented with these people and ALWAYS send certified mail return receipt requested. Twice they have tried to say they never received things and twice I have proved them wrong. They don't like me and I am not particularly fond of them either.

Best regards,

Edited by 71M10
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  • HadIt.com Elder

My opinion is anytime you can sit and talk to a decision maker at VARO do it.

Good Luck

Veterans deserve real choice for their health care.

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Pete53,

I used to think it was a good idea also, but when you know there are RVSR's and managers at your regional office that have no compunction about misrepresenting facts or written regulations and clearly have personal opinions that intrude in their professional actions. When you know you are dealing with people that do this, only a fool would sit down with them and let them document what was said and decided.

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