In Need Of Dro Job Discription

[Bound4heaven]

Greetings,

I am trying to help another vet with his claims. The DRO is refusing to use edivence on 2 C&P exams performed by 2 specialists at a VAMC which gave their opinions that were greatly on the side of the veteran, now the DRO wants another C&P exam for the same condition. (The multiple C&P exams were done less then 6 months ago).

I am concerned the DRO has no clue what he or she is doing and if he goes back for yet another C&P exam for the same issue who knows whom he will get (General MD, PA or God forbid a N.P.) I am going to try and challenge this DRO. The veteran in question has many service related issues that make it extremely hard for him to get out of his home. The closest VAMC to us is over 70 miles. Can any one help me with some CFR regs? I have a few in mind, but need some guidence. Thank you and God Bless you all.

Bound4heaven

[Berta]

Thank you! I only have one basic goal- in this part of my life-that involves the electronic veterans community-

To get VA money out of VA financial coffers and put this money into the checking accounts of service disabled veterans.

My RO knows that and this might even be a prejudicial factor of my problems there with my own claims.

This coming week I might not be here ----dont know----

My POA has 11 days left to do what I have asked them to regarding my AO claim or I will complain to their big boss-the entity whose pays them.I have to stay right on them each step of the way for the next 11 days-

my formal complaint will have documented evidence of the total lack of knowledge of Basic VA case law and regs on the part of some of their vet reps.I have named four vet reps from the New York State Division of Veterans Affairs so far and one I just called an idiot from their main office because he did not identify himself in email.

His email script looks like their lawyer's email ????

I did not pay enough attention to the way my own claims were being handled for too long-this AO claim is 3 1/2 years old and it was royally screwed up-they dont even have a clue on the other claims in adjudication now-told me my SMC CUE was in Washington on appeal and it is right there at the VARO being worked on.

I bought what my POA was selling-many many times over the years and now I have to demand proper represenation from them-

I have not gotten that since filing this claim in Feb 2003.

Edited September 10, 2006 by Berta

[Bound4heaven]

Dear Berta,

Yes you need to take care of your issues in regards to the VA. You need to make sure you get justice on your claims, as you have helped hundreds here at hadit. I will be praying for you Berta. Please keep me (US) updated on what is happening with you. God bless you.

Bound4Heaven

[Berta]

Thank you for the support and the Prayers -Boundforheaven--I know prayer works!

yeah sounds like the same DRO!

I want to send her a copy of Reading for Dummies if they have it at amazon.com

[Bound4heaven]

Dear Berta,

I sent a letter to our VARO in regards to this veteran and questioned the VARO as to why they wanted another C&P exam on this veteran when he had allready seen 2 VAMC specialists at a C&P 6 months ago. The veteran also wanted me to put that he was refusing any more C&P's because of the CFR you gave me as in regards to them not using the edivence and the opinions (that were greatly to the veterans favor).

I do not know what will happen. He asked that a decision be made asap with the edivence that the VARO had, and that if he went to another C&P he miight get a PA or God forbid a N.P and that if the VARO could'nt take the opinions of their own specialists they needed to closed their doors and go home.

What do you think might happen in this matter. He is also rated at 100% T&P with SMC. Thank you again. God bless you.

Bound4Heaven

[Berta]

Bound -did he sign the letter himself that you prepared?

What disability of his are they trying to mess with?

is it one that he had the C & P on 6 months ago or something else?

Sounds the fishing expeditions the VA used to pull-

I read a BVA decision the other day where the C & P doc had rendered a favorable opinion-that supported other favorable evidence. But the DRO or someone went back and got another VA opinion that went against the claim-

and denied on basis of the second opinion.

The BVA awarded the claim-by mentioning that they took note that the same VA doctor did both of those C & P opinions!

It sure pays to get copies of those C & P results.

Edited September 13, 2006 by Berta

[Bound4heaven]

Dear Berta,

Yes he did sign it. Yes the C&P exam in question is the exact same exams as he took 6 months ago (Spine and prepheral nerve) They rated him 40% (He needs 50% for increase for SMC) for his lower back condition, and he appealed their decision based that they did not use the bi-lateral factor and other supporting edivence. This veteran cannot even bend 15 degrees in any direction and needs help to transfeer. The last C&P exam results were in his favor and the opinions of the specialists said that his other secondary back related conditions are lest as likly as not the cause of the worsning of his primary conditions.

This issue has this veteran more stressed out then any claim I have gone through. He is 74 and just wants the vA to use the edivence they alreday have based of the opinions of 2 VAMC specialists. It is very difficult for me to allow the VARO to yet agian not willing to follow their own laws in regards to edivence.

He called the 1-800 number today and told the VA rep that he was not going to any more C&P exams and used some other laungage that I will not repeat. The VA rep said if he didn't go to the C&P exam they would deny the claim. He still says he is not going. So I wrote the director of the VARO in his behalf. It appears the vARO is pulling out all stops on this veteran. Any thoughts Betra or anyone else? God bless you.

Bound4Heaven

Edited September 14, 2006 by Bound4heaven