Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Dro Advise

Rate this question


NC OD WO

Question

I filed claims for ankle and knee conditions in 2012. I was denied due to no service connection. I filed for reconsideration in 2013, again I was denied. I filed a NOD in 2014. I have until 9 Feb 15 to select a Decision Review Officer or traditional appeals process. I had a fit for duty 13 Nov 14. My ankle and knee were declared unfitting conditions. I will receive my P3 profile 26 Jan 15 and start the IDES process. I know I will run the VA C&P gauntlet again but I can see a potential conflict coming. I want my case reviewed by the DRO but I need all of the additional doucumentation from the IDES process prior to review by the DRO. Can the MSC connect the dots during IDES? I think it very ironic that I am in the process of medical seperation for conditions the VA has deemed not service connected.

Link to comment
Share on other sites

4 answers to this question

Recommended Posts

  • 0

For what it's worth. I filed NOD DRO Hearing request 08/10 for 09/09 Denial, filed another NOD DRO Hearing request 09/12 for a 09/12 IU Denial. FINALLY notified early 05/2014 of a DRO Hearing to be held 06/27/14. The scheduled Hearing ended up being for the 2010 NOD. What's that, 31/2 or so years. BVA Hearing can be even longer. Check the BVA Decisions for 13 & 14. Vets been on appeal 4+ years with a large number getting Remanded back to the Vets VARO.

I got all my major SC $ issues awarded at the DRO Hearing. Decided on"Informal" after discussing options with DRO. He agreed to clear my 2012 IU. Worked for me so I'm a strong advocate for the DRO Hearing Process. If it works the way it was originally intended, should get your appeal heard much sooner than a BVA Hearing.

You mentioned "filing for Reconsideration." Who's idea was that and how long did you wait and what type of Denial was issued? "Requesting Reconsideration," has been discussed in great depth on Hadit. Be interesting to get your input.

Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

Gastone,

My reconsideration came from my VSO. I had a bad feeling from day 1 that this guy was lost in the sauce. I considered my claim very valid with all of the supporting documents only to be told that it is not service connected. I am now being given the boot for the claims that were not deemed service connected. My last C&P examiner told me that my packet was messed up but he would not elaborate. I am a full time techncian with the NCARNG with over 34 years service. My concern is, will I have to wait until my DRO hearing to receive my discharge??

Link to comment
Share on other sites

  • 0

I am starting to think about the DRO process now as I have been told by my Attorney that I will have a conference in April of this year. I am having doubts as to what kind of posture I should take. Obviously this is an adversarial process, but it still seems that you get more bees with honey than you do vinegar. I will go in open minded but not without tools and attack plans.

From most posts that I have read on here, there seems to be an advantage doing the informal route, however, in the back of my mind, I still cannot help the fact that I know a senior rater has already looked at my decision before it was issued on my first claim, so, my logic is that it may not be no different now going the DRO route. With me its difficult as I have no experience in this phase of the war. If I get a impartial DRO and not some buckaroo it may pan out to my advantage. Oklahoma does not seem to be as crazy as some of the other regional offices but it's still the same tactic, same game. Deny at all costs, approve if you must, low ball at all times, and hope the vet is not any wiser. JMO

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

Link to comment
Share on other sites

  • 0

Go with the face to face, and don't be hostile or angry during it. Just be yourself. Dress like you would normally dress. When I was diag with ptsd roughly 5 years being out of the military I put a claim in and didn't sugarcoat or play the poor me card. I was awarded 70% SCed for ptsd with no fight. I think you're past the 'lottery' part, being where some random person decides to deny or grant you. I haven't had my 'face to face' yet, but hopefully thats where the person will look at you as a person and not some number.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Brew earned a badge
      Dedicated
    • Rowdy01 earned a badge
      First Post
    • Laddib45 earned a badge
      Week One Done
    • navyvet2009 earned a badge
      Conversation Starter
    • Rowdy01 earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use