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Presenting New Evidence To A Dro

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stnorm23

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stnorm23 Rookie

stnorm23

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23 years AF, retired in 2013 and awarded 30% (10% migraines, 10% tinnitus, 10% ankle). Submitted my NOD in Jan and requested DRO hearing. I am appealing the percentage awarded for migraines (should be 30%) and ankle and my disabilities with my right hand and right knee.....both of which were awarded as "service connected with 0%.

Short info on each:

Migraines - Have a decade long history of having at least 2 - 3 prostrating attacks each month.....see a neurologist every 3 months and am on daily meds.......but I understand the VA screws this up all the time....hoping that 30% is pretty much a given with all the medical info I have.

Ankle - Basically just appealing that my disability (after multiple surgeries) is not moderate but marked....probably a long shot....but my ankle is a daily problem.

Hand - C&P finding was a joke and didn't even consider my hand....only my finger....and the WRONG finger....right middle finger is wrecked and hand is basically crippled from surgery while on active duty.

Right Knee - VA seems to have only considered arthritis.....but I have an MRI that shows "torn meniscus with locking" which is shown as 20% in the guide. Seems to be a pretty clear situation where the C&P didn't look at what I was claiming or read the MRI results. Injury occurred on last deployment and was found to be service connected.

FINALLY MY QUESTION: I have a DBQ from local doctors on my right hand, right knee and migraines......all are VERY favorable to what I am claiming. All show almost word for word what it says you have to have for the ratings I am seeking. Am I am the right track with this? Do I hold this info/evidence and just take all of it with me when they finally schedule me for a meeting with the DRO? Or do I submit it now somehow? I am represented by the VFW in Tampa, which is in the same blgd with the Regional VA office.

Any help and info is greatly appreciated. Even if you see something in my info that I am not thinking of that you think I should know about....feel free to advise......God Bless.

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Vync Grand Master

Vync

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Welcome to Hadit!

In my opinion, it seems like you are definitely on the right track. If the jargon is worded properly like "is due to/is caused by", "more/most likely than not", or "least as likely as not", it will really help. If it just says "probably" or "possibly", then the words don't carry the weight.

I would recommend submitting it via certified mail/return receipt, deliver it in person and have them datestamp the documents, or give it to the VFW if you want, but I would want solid proof that they received it. You can also deliver it to a DRO in person. I did that in my DRO meeting a couple of years ago. Run everything past your VFW rep so they can proofread it and offer advice.

If there are any questions your VFW rep can't answer, I recommend writing them down and asking the DRO. Having a list will help because you won't forget anything.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Buck52 Grand Master

Buck52

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I'd take it with me to the DRO Hearing! that way you make sure he gets it!

DRO usually look over your records and an evidence they have, he should ask you if you want or have any new medical evidence to present to help support your claim.

I find DRO's are nice guys and want to help us .

.............Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Fat Mentor

Fat

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Hand deliver the DBQ's if at all possible or have your VSO mail the information for you.

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