C&p Refusal At Dro Hearing

[K9MAL]

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]

Once a DRO makes a decision on a claim that means ''rate'' the claim and inform the veteran of the decision the veteran has one year from the decision notification letter to file a NOD VA form 21-0958

so you may have to wait and get your notification letter from your hearing or see if they set you up a C&P.???

[Buck52]

you should get a transcript of your hearing sent to you!

[Buck52]

Why do you not want to take another C&P exam? this only will probably set your claim back if you don't ?..if the DRO did not give you a decision ..it maybe he/she needed more evidence or needed a better exam to make the decision? it could go to your favor. but refusing to take a C&P is not good...>just my opinion!

[Berta]

I agree with Buck52

..

"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."

But then the SSOC could a verbatim version of the SOC you already got.....even if they actually prepare another SSOC....

Unless you have some significant new evidence...

but if you do, .it should be in the hands of the VA by now.

As I recall Ben Krause refused the 4th C & P.........on the same disability.

And he is also a Veterans law attorney.

I was surprised reading this older post that he made, that he just didn't go and get an IMO from a real doctor.

But he succeeded without one ..

[Berta]

Geez......I might be wrong on that CUE advise----K9MAL

I am so glad we can go back and find older posts here........

In Nov 2014 you posted the 10% award for tinnitus ,retro to Sept 12, 2003.

You also stated:

"I have most of the medical records, I believe. I don't believe there are complaints of tinnitus in my SMR but there are complaints of hearing loss. I just think it's odd they can service connect it now and they couldn't seem to do it then..." Yeah you are right.

"VA Fast Letter 10-35 was issued in 2010. My job is one of those listed for hearing exposure and tinnitus so that may have something to do with the latest decision."

You are right about that too.

Did your NOD cover the tinnitus EED?

If it did, maybe a CUE claim would still be in order, if they deny for a better EED.

[K9MAL]

Berta - My NOD covered the EED for tinnitus and PFS in the left knee. I also had a NOD for my migraine increase and another increase. Both were lowballed and should've been rated higher per the VA regs and what the doctors noted in my DBQ and medical records.

Personally, I think she was trying to test me and my resolve when mentioning the C&P's. I just had one about a year ago for these exact things so use the information you have. Delay, deny and all that BS.