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Dro Hearing - What's It Like? Plan Of Attack?

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K9MAL

Question

I have a DRO hearing on the 6th. I've read a few different things online but was wondering who else might have some input? Just curious, do you argue your case or just present facts? Is it a back and forth type conversation or just cut & dry? What's it like?

Do you lead off with questions? As an example: Why was my increase denied? What evidence do I need to prove my claim?

Or, do you just lay out the evidence that contradicts their "reasons and bases" for denial and call it a day? Are they typically pro-veteran and understanding or can I expect to have my blood pressure rise?

Happy New Year!

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One thing many forget and that is the willingness of VA to concede error- let alone grant some huge retro. If the amount of retro exceeds $25 K, it won't get the three signatures locally unless it's as obvious as a foot missing. I've done three DROs and I'm 0/3. Fortunately, I won on appeal but by that metric, the DRO should have been aware of his own regs and statutes. Why did the OGC have to "suddenly discern" the error after 6 years. Who's running the claims dept?

Can you imagine a GS-13 saying well, sir, if you'd sent in the Form 1-9 in 94, we would have issued you a SSOC and you would have been on your way to DC on appeal. VA overlooks something. If you never finished the adjudication in 1994, then you do not know what would have happened. Maybe my N&ME would have changed the outcome. Pure conjecture. And OGC Precedent 9-97 says they had to toll the SSOC to give you time to file the 9. Would you want a DRO to make that decision on your claim for $300 K. No thanks. I'd really prefer a VLJ with a real juris doctorate looking at it, not some GEICO-trained claims employee. Knowledge is power. VSOs love it as it keeps the decision local for a while longer. Lawyers love it because it's one more shot at the apple before appeal and an opportunity to fluff up the claims file with some useful NM&E. Vets don't cotton to it because it's often 585 days out after the NOD filing. If they lose (71%), they are now tail end charlie and two years behind all the folks who went straight to DC. Pick which hill you want to die on very carefully to avoid a Custer redux.

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sounds like a game of carrot and stick..... convince the vet that the disabilities he is fighting for are hopeless., convince him to drop them and file for TDUI, then crack him with the stick, because he has already informed us he can work so he loses his TDUI claim. Frustration sets in, vet tires out and gives up, and the VA gets to save some cabbage and the VSO keeps his spot at the poker table at the RO

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Why would you need a second diagnosis of your knees?

I would've responded yesterday but I was trying to cool off... I'm still ticked.

Honestly, I have no idea. I was diagnosed on several occasions in service with bilateral PFS (patellofemoral syndrome). When I went to my initial C&P on the first go around apparently the doctor but full range of motion and there weren't any issues. At that time I had no idea about appeals or any of this stuff and my DAV VSO told me not to wake the giant since I got 60% for various issues I should be happy and go away type of thing.

Now, the VFW guy said I showed full ROM in the C&P and I wouldn't be eligible for the backpay. There is absolutely no way this guy was pro-vet and I'm working on submitting a signed document contesting what occurred during the DRO hearing. I'll post it later in hopes people can look at it and give me their opinion in case I'm going off half-cocked... It does happen occasionally ;)

At this point if anyone recommended a VSO to me I'd punch them in the mouth.

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I'm so sorry your DRO hearing did not go well...I didn't realize it was a videoconference hearing??.....was it just you and your VFW VSO?

& the DRO was on a montier?

I thought you were having a in person DRO informal Hearing?...anyway did you speak up when you didn't understand what they were saying? you can always say you don't truly understand and just say you disagree and why I can't you present your evidence?

the DRO should have already had your evidence prior to the hearing,....Fire that VSO and request an in person DRO Informal hearing or file for Reconsideration...you should have got some papers letting you know what to do if you disagree with the decision?

sounds like they throwed you under the rug don't let them get to you & don't give up keep fighting

Hang in there Buddy

I thought it would be an in person hearing as well. You're correct, me, the VSO and the DRO via video. I did speak up and they pretty much blew me off, I felt steamrolled by the whole deal and the VSO was even calling the DRO by her first name and was definitely on a casual basis with her. He was a jerk to me and acted buddy buddy with her and it was blatantly obvious where he got his bread buttered.

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One thing many forget and that is the willingness of VA to concede error- let alone grant some huge retro. If the amount of retro exceeds $25 K, it won't get the three signatures locally unless it's as obvious as a foot missing. I've done three DROs and I'm 0/3. Fortunately, I won on appeal but by that metric, the DRO should have been aware of his own regs and statutes.

If all of my contentions were granted it would've been in the neighborhood of $80k if I have my figures right.

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I woke up at 5am and started typing multiple things on my phone concerning having to submit to another C&P... This is a rough draft that I'd like to polish and then send to the VA... Is this worth doing or am I just wasting my time and need to appeal to the next level at the VBA? I don't want to waste time and more BS by having to submit to more C&P exams when they're not necessary. Sorry for the weird format, it's a cut & paste job:

I believe that I was unnecessarily pressured and coerced into acquiescing to future and further C&P exams by the VA's dro and the VFW VSO, xxx, during my hearing. Not only did there appear to be collusion but also an undue familiarity between the two.

Similarly, I felt undue pressure to submit an 8940 applying for individual unemployability without having been explained what the ramifications are for a decision of that nature. I do not wish to pursue IU at this time and only want an opportunity for the evidence to be weighed fairly and for it to be judged by the laws imposed by congress and the CFR. At this time I am dropping representation by the VFW and rescinding my power of attorney.

Unless the VA is calling into question the examinations by the previously mentioned physicians or a new C&P exam is medically necessary to treat the existing disabilities I think the existing C&P exam should stand on its own merits unless the testing performed by doc xxxx is to be called into question. Along with that the supporting evidence of a VA DBQ as performed by a board certified Gastrointestinal, doc Nemec, should be sufficient evidence unless the VA is calling into question dr nemec's integrity, his determination or the validity of his statements.

This is an obvious attempt by the DRO to "delay a denial" and is nothing more than a stalling tactic.

Furthermore id like to know the va regulation pertaining to existing C&P exams and the procedure for calling into question the physicians previously performed examination.

If there is no such law, rule or regulation pertaining to the aforementioned then I would like to have my case reviewed de novo with the previously submitted evidence post haste so that I may appeal in short order the expected denial of the earned benefits to this veteran.

Edited by K9MAL
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