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Dro Appeal Over A Year Old


air1
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My appeal over a year in December 2014,my original case is three years ,will DRO use my c&p mental exam that was done in April 2013, I had IMO that was done in June of 2014 that was diagnose as Depression and PTSD with more least as likely as not and unemployable,with recommending more than 50% rating.My c&p was less than likely and admitted I had depression but even though smr had notes in them still less likely after 20 minutes compare to 45 minutes IMO.

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My DRO took about 20 months, but it varies for everyone.

Relative equipoise will likely be in play here. That means if they have evidence both for and against, they are supposed to find in favor of the Veteran. PTSD claims are a bit weird though because the VA wants their docs to confirm it. Some conditions cannot be diagnosed unless there is a history over time. Because the IMO is newer, they might accept it or remand for an updated C&P.

I am not sure what they will do, but I hope it is in your favor.

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Air: Who and with what credentials, wrote the IMO? The VA has changed the way they handle and award PTSD. All NON VA C&P DX's and opinions take a back seat to the PTSD DBQ completed by the C&P Examiner. In the short way back, a Vet could get a PTSD DX from Non VA Psychiatrist or Psychologist and be on the way to a SC award. Now the VA or Contract Psychiatrist or Psychologist PhD is the final arbiter. If they agree with a Non VA PTSD DX, great. If they don't. the VA Rater will give more weight to their DX and DBQ. It's not a jump ball situation. you can research the VA's reasoning but I think it comes down to this. All VA PTSD Psychiatrists and Psychologists PHD's as well as all Contract Dr's employed to handle these PTSD C&P exams are trained according to VA guidelines as C&P examiners. The VA raters are not medical professionals and must rely on the thoroughness of the Requested PTSD DBQ. Not only from a Medical DX perspective but also from a forensic one as well. The VA examiners are trained to weed out malingerers and over reporters.

Good Luck

Semper Fi

Gastone

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Air: As for your DRO, what did you ask for, review or Personal Hearing? I had my 1st and only Hearing 6/27/14 from 2010 NOD. Lucked out, decided at Hearing after discussing with DRO to go the Informal Route, no Recording or Transcribing. Worked for me, he decided a 2012 IU NOD that wasn't on deck to be heard. Awarded all major $$ issues, so needless to say, I a big advocate of the DRO Hearing.

Keep in mind, don't set on any New & Material Evidence, get it into your VARO immediately. If it is actually N&M Evidence, it should trigger the VARO automatic review of your Denial by a Senior Rater or an actual DRO. Could get your award before your actual DRO Review/Hearing is on deck. At the very least, if your N&M Evidence doesn't get you an award, you'll receive a Supplemental-Statement of case in regard to the New Evidence you submitted.

Semper Fi

Gastone

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My DRO was oct.17,2014,was represented by lawyer,the Va examiner didn't use DBQ form , the newest examine is my imo,the Va examiner over two years old,also have statement from psych MD at local mental health were I was there everyday for 4 months and diagnose ptsd,depression.The DRO said she would do something for me .

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"Never Give Up"

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