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

[K9MAL]

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!

[jbasser]

Going to a DRO hearing with a VSO is a dangerous game to be playing. We have had this discussion here at Hadit before.

If you are denied and you are in line for Major Retro, Don't french Kiss the Rattlesnake. You need someone versed in VA law. Not VA Brother In Law.

J

[K9MAL]

As long as this claim is alive you can pursue the earlier effective date via the evidence (controversy). The evidence of record shows entitlement began in 2000. Effective date has to be 2002 filing. File NOD and say incorrect. You don't say CUE. It isn't. It's a brain fart that needs to be corrected at a DRO or BVA hearing. Or go to DC pronto on traditional path. If VA wants to dig in, the quicker you get it to the CAVC, the better. As long as it was a matter of record and in the c-file in 2002, you win. Then you have to fight the staged ratings battle to now. That's a nice piece of change they're trying to cut you out of. Remember, if it goes over $25 K, it needs three signatures and one has to be the VSCM or Asst. VSCM.

I did file the NOD but I can tell by her reaction (woman DRO) that she's not gonna let this fly or the tinnitus, which I believe should be retro as well. I'm guesstimating $50k in retro at today's date so by the time all's said and done I'm not sure how much it'll be, about $300 per month going from 60 - 70%.

I'm not sure what "staged ratings" are so I'm off to do more research... Thanks again!

[K9MAL]

Going to a DRO hearing with a VSO is a dangerous game to be playing. We have had this discussion here at Hadit before.

If you are denied and you are in line for Major Retro, Don't french Kiss the Rattlesnake. You need someone versed in VA law. Not VA Brother In Law.

J

I vote get it out of the RO as soon as possible. DRO reviews in my experience have been a waste of time. Get it to the Board and if need be, on to the CAVC, where you stand a decent chance of winning. The sooner the better.

Both great advice. Thanks!

I guess my next move is to wait for the SOC and then file the appeal to the BVA? Hopefully I'll get her denial soon.

[K9MAL]

I checked ebennies today and saw that after the DRO the contention is now TDIU. WTF?!? I never requested TDIU and it looks like I'm gonna have to find a way to fight it.

My reason for not wanting IU is the fact that I can still work to a degree and I don't want the VA mandating what I can and can not do financially in terms of trying to make some extra money. I want them to assess my contentions and that's it!