Dro Hearing Information And Recent Experience.

[Gastone]

DRO Hearing information (current) seems difficult to come by! Over the past 3 years, I don't recall seeing any current DRO information posted. Maybe I just wasn't searching properly. I had no trouble finding VA Appeals Court decisions, but no actual DRO Hearing Cases or statistics. I think most Vets are like myself, we need to know what exactly happens at a DRO Hearing as well as the rules and regs governing the hearing process. As in my case, I had 3 separate free consults with different law firms, got 2 different answers. 2 wanted me to cancel DRO request and proceed to VET Court and 1 said stay the course with DRO. I opted for DRO Hearing pending since 2010, rep'd myself and go both NOD's handled at the same hearing. Had I gone with the VA Court option, at least another yer or so.

Maybe I just don't know how to search for the current DRO info. Any suggestions would be appreciated.

[Slowlane]

Gastone, have you gotten a SOC and a form 9 yet?

When was the meeting with the DRO?

Was it tape recorded?

[Berta]

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2Fch05%2Fch05_secc.doc&ei=BfbwU86zBrPZ8AGk5oAY&usg=AFQjCNEpBlkERwlKIgSxf5hAOJl7UYuEcA&bvm=bv.73231344,d.b2U

From M21-1MR Duties of DRO.

[georgiapapa]

Good information.

Thanks...

[carlie]

DRO Hearing information (current) seems difficult to come by! Over the past 3 years, I don't recall seeing any current DRO information posted. Maybe I just wasn't searching properly. I had no trouble finding VA Appeals Court decisions, but no actual DRO Hearing Cases or statistics.

CAVC and BVA claims are posted on the internet, DRO Hearings/ Claims and results, are not posted on the internet.

I see that Berta has already provided a link for you regarding the DRO process.

[Gastone]

Thanks for input. My DRO Hearing was 06/27/14, I opted for "Informal Hearing." Was not recorded due to "Informal" decision. However, the DRO advised me that I could go "Formal" with VA recording as well as me making a personal recording, at any time during the hearing. I had researched your mentioned sources, CAVC, BVA Decisions and M21-1MR. I had even filed an official request for an "Informal Conference, 02/2014. I was awarded SC on all NOD Issues to include IU, so as far as my situation, I'm all good!

My issue is lack of searchable DRO Decisions for fellow Veterans to review. I work with a couple fellow Nam Vets locally, and a few online. All the above court case decisions are good, but most Vets would like to know more up-to-date info on the DRO hearing process. I think the DRO Hearing, if used properly can shave years off a Vets Appeal. In my own case, 2 NOD's 2010 & 2012. Had I not opted for the "Informal Hearing" at the scheduled hearing, according to the DRO, he would have only addressed issues raised in my 1st 2010 NOD. The DRO process worked great for me, but I'd like to be able to cite stats and refer to specific claims. VET's need to have recent DRO Process results, both awards and denials. They need all the claims information possible before making making DRO or BVA Appeals Decisions. They can't always be sure that the VSO's or Legal Eagles are making the best possible recommendations regarding their appeal.

Thanks

Semper Fi

Gastone

[Slowlane]

I flew one way 500 miles to St Pete for a DRO meeting.

I presented 2 new pieces of evidence.

They still severed my service connection.

In their final paperwork they made a one line acknowledgement of the new evidence but, they totally ignored it's value.

In my NOD I based my case entirely on the 2 new pieces of evidence and asked for a SOC that specifically addressed the new evidence.

And that my friends is where it died.

No SOC means no BVA...........

Congressional letter still under construction.

[kate7772]

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2Fch05%2Fch05_secc.doc&ei=BfbwU86zBrPZ8AGk5oAY&usg=AFQjCNEpBlkERwlKIgSxf5hAOJl7UYuEcA&bvm=bv.73231344,d.b2U

From M21-1MR Duties of DRO.

In reading this, it says the hearing officer does a review and he can decide there is enough evidence to make a decision at that point. If that happens, does it mean the whole process would then be a quick one?

Thanks, Kate

[carlie]

Thanks for input. My DRO Hearing was 06/27/14, I opted for "Informal Hearing." Was not recorded due to "Informal" decision. However, the DRO advised me that I could go "Formal" with VA recording as well as me making a personal recording, at any time during the hearing.

At a formal DRO hearing the claimant and any witnesses are sworn in and the hearing is recorded.

They AT NO TIME, provide the claimant with a "personal recording".

What they will provide the claimant with is a copy of the WRITTEN transcripts of the hearing.

Many times this written transcript of the hearing contains things like, "noise of papers being shuffled",

"sound of coughing", etc . . .

I had researched your mentioned sources, CAVC, BVA Decisions and M21-1MR. I had even filed an official request for an "Informal Conference, 02/2014. I was awarded SC on all NOD Issues to include IU, so as far as my situation, I'm all good!

My issue is lack of searchable DRO Decisions for fellow Veterans to review. I work with a couple fellow Nam Vets locally, and a few online. All the above court case decisions are good, but most Vets would like to know more up-to-date info on the DRO hearing process. I think the DRO Hearing, if used properly can shave years off a Vets Appeal.

In my own case, 2 NOD's 2010 & 2012. Had I not opted for the "Informal Hearing" at the scheduled hearing, according to the DRO, he would have only addressed issues raised in my 1st 2010 NOD. The DRO process worked great for me, but I'd like to be able to cite stats and refer to specific claims. VET's need to have recent DRO Process results, both awards and denials. They need all the claims information possible before making making DRO or BVA Appeals Decisions. They can't always be sure that the VSO's or Legal Eagles are making the best possible recommendations regarding their appeal.

As I posted to you earlier - there is no place that DRO Hearings can be searched, this includes the internet, public libraries

or law libraries.

I believe the reason for this is because at the DRO level, it is not any type of a court case with a judge and thereby not for

public record. There have been many great DRO decisions and some basically rubber stamped poor DRO decisions.

Personally, I have done quite well with decisions from DRO hearings. There were still some issues I had to push on to the BVA with

and they turned out excellent. Some claimants feel better off in not requesting a DRO of any type and want to go ahead and get to the BVA level.

I personally, do not have any understanding of why a claimant would request a DRO Hearing, wait for it to be scheduled

and then - agree with it being an informal hearing. There is absolutely no way what so ever I would allow it to be informal.

jmho - carlie

Thanks

Semper Fi

Gastone

In reading this, it says the hearing officer does a review and he can decide there is enough evidence to make a decision at that point. If that happens, does it mean the whole process would then be a quick one?

Thanks, Kate

No - there are no quickies.

jmho

[Gastone]

Carlie: After giving careful thought to my "DRO Question," which was somewhat of a retorical question on my part, I think you and I are the only posts to this topic, with any DRO Hearing experience. I've only had my own 6/27 and it appears you've been involved in a few, yours or someone elses?

I lucked out with having a VSO, who happened to be retired from the VA Comp Dept and had spent last 10 yrs as a VA DRO Hearing officer. In the 15 min we spent discussing my case and the DRO Hearing, I got a better idea of what was going to take place. He had actually worked at the VA with the assigned DRO for my hearing. Any Vet needing more info on the DRO process should probably have a set down with a VSO Hearing Specialist. I think for the most part, these VSO's are much more experienced in all aspects of claims and appeals, and can give the Vet up-to-date real time information regarding what to

Carlie: After giving careful thought to my "DRO Question," which was somewhat of a retorical question on my part, I think you and I are the only posts to this topic, with any DRO Hearing experience. I've only had my own 6/27 and it appears you've been involved in a few, yours or someone elses?

I lucked out with having a VSO, who happened to be retired from the VA Comp Dept and had spent last 10 yrs as a VA DRO Hearing officer. In the 15 min we spent discussing my case and the DRO Hearing, I got a better idea of what was going to take place. He had actually worked at the VA with the assigned DRO for my hearing. Any Vet needing more info on the DRO process should probably have a set down with a VSO Hearing Specialist. I think for the most part, these VSO's are much more experienced in all aspects of claims and appeals, and can give the Vet up-to-date real time information regarding what to expect.

As for "Formal v Informal Hearing," I was succesful, it worked for me. The DRO and I discussed the recording and transcription vs informal without recording. I had my recorder out on the table after he said I could record if at anytime I decided to go on the record. Maybe different DRO's handle things differently. I do remember reading in DRO Proceedure manual regarding VETs represented by Lawyers. I believe it said something about the DRO reminding the Vet's lawyer that the "Rules of Evidence" don't apply at the DRO Hearing Level.

Having only experienced my own hearing, I have to differ to you regarding the DRO Proceedures you've experienced during your "Formal Hearings." Was there an opportunity for a back and forth disscusion between DRO and Vet? Did the DRO agree to dispose of any pending future DRO Hearing Issues?

My VSO said that the only reason we walked out of the hearing, knowing what the DRO decision was, was because of my decision for the informal hearing. He also stated had I chosen the "Formal Hearing'" only those issued raised on my 2010 NOD would have been addressed. The 2012 NOD for IU would not have been addressed. My VSO called at 330 that afternoon to advise me he had the DRO's Official Award covering both the 2010 and 2012 NOD's, on his desk. This being my 1st contact with the DRO Hearing process, Award issued same day 61/2 hrs later, seems good to me. What's been your experience with the "Formal Hearing" results? Did the DRO tell you his/hers decision at hearings completion? How long has it taken you to get the Transcriptions? I've heard 12mos+ is not unusual. Lastly, I think the phrase "Anything you say, can and will be used against you," depending on the Vet, could be very important. Especially when recorded and transcribed into the Official VA Compensation File.

Maybe our information and dialog will help other Vets considering the DRO Hearing.

Thanks for your Help

Semper Fi

Gastone

[GatorNavy]

It'a crap shoot. Two years if DRO favorable, 4 if not. You can do the same thing with asking for a hearing with a NOD (part1 chap 4). A VSO won't go that route though. That way the appeals team will give it to the senior person who is the DRO.That process usally only tales a few months. I think the DRO review is just a dog and pony show for the VSO's.No body wants to give away their VSCM's bonus to a Vet. Do a few get justice at a DRO recview? Sure, have to show off a few fortunate Vets to the public so the process doesn't die a quick ugly death although it should!

[K9MAL]

How does one find a VSO Hearing Specialist?

It's confusing... Some say go for the DRO hearing and others say it's a waste of time. I wish there was a solid answer.

[Buck52]

'' K9MAL''

It's not a waste of time..if you get a DRO Hearing take it...nothing to be afraid of...they can't eat you and if your service connected you was injured doing your time in service serving your country that's what this is all about!

Take your evidence and just be yourself their there to basicly help you and if you take enough good evidence & have good manners ect,,ect,,Then just Relax!

I suggest you take a IMO from a good private state Lic/certified Audoligist with the correct levels of your hearing its a graph!

you can dicuss your disability with them let them know your hearing has got worse it will show on the test and remember if you submitted other hearing test prior that's how they compare ''obviously'' ect,,ect,,

or maybe I miss understood you asking for a VSO'' Hearing specialist'' & not your hearing?. sorry, but all apply..you can appoint a VSO at the time of your RO Hearing just go earliy. And or at your VAMC.

At my DRO Hearing I was a little nervous at first sitting at a long table with microphones and recording devise's

I had a DRO & RO (Rating Specialist ) at my hearing...They just ask you some questions'' How can we help you today'' ect,,ect,, and ask you to present your evidence IMO's or what ever you have and its good to show them or present the physical evidence if you can

In my opinion if more vets would go to a DRO hearing it will help..not saying you will get what you ask for but at least you maybe rated higher.

When its your first time to speak first thing to come out of your mouth should be ''Thanking them for their time to hear you'' or something similar! just be yourself and tell the truth if you don't know just say you don't know.

Good Luck Buddy!

Edited October 13, 2014 by britton (see edit history)