C&p Refusal At Dro Hearing

[K9MAL 57]

At my DRO hearing I was asked if I'd submit to another C&P to determine if my percentages should be raised. The VSO and the DRO were both pushing for it and I said I would submit to one if it was absolutely necessary. However, really I'd just rather get a denial and move on to the next level of appeals.

I read Benjamin Krause's DRO experience and he's stated that you can refuse a C&P at your DRO hearing. I'm wondering if anyone else has told them to pound sand or what the repercussions might be?

I'm contemplating drafting a letter and sending it to the DRO telling her that I don't want another C&P and would prefer for her to review the available evidence to make her decision.

Thoughts on the matter?

[Buck52 3,234]

K9MAL,

If a DRO ask you'' would you be willing to submit to another C&P'' that don't necessarily mean you would or he/she would set it up!

[K9MAL 57]

They have the ability to set it up right then and there? I was pretty adamant about not wanting to jump through the hoops again. The only thing I'll gain is more time waiting for an exam and decision. I just want the ball to get rolling and move up to the BVA as soon as possible.

[JR Reihs 72]

What was wrong with the previous C&P. That would be a major question to the DRO.

.

[Buck52 3,234]

yes they do but did they? did the DRO render you a decision?

IF a veteran Request a Regional Office Hearing This must be conducted and we must receive the transcript before a decision can be rendered, if the veteran submits or Identifies additional evidence we must develop for and try to obtain the evidence prior to rendering a decision''

Edited January 12, 2015 by Buck52

[K9MAL 57]

^^^ That's what I'm thinking in regards to the initial C&P.

yes they do but did they? did the DRO render you a decision?

Quote

IF a veteran Request a Regional Office Hearing This must be conducted

No, they did not render a decision. I was under the impression that I could expect to hear something in about 6 months or more...

Edited January 12, 2015 by K9MAL

[Buck52 3,234]

Yes they do! Did the DRO Render you a decision?

''If A Veteran request an Regional office hearing, this must be conducted and we must receive the transcript before a decision can be rendered, If the veteran submits or Identifies additional evidence we must develop for and to try to obtain the evidence prior to rendering a decision''.

Appeals

''The RO cannot physically send the claims file to the BVA until all pending NOD'S and all pending claims have been decided, there can be no appeals issues pending before the Regional office at the time claims file is sent to BVA other wise BVA will issue a remand instructing the Regional office to issue an SOC on any pending appeals''.

Sorry some of this sent before I was finished typing it just went poof!

Edited January 12, 2015 by Buck52