Ro Phone Call

[jfrei]

Just received my call from the RO that I need to contact my attorney so in 30 Days to schedule a date and time for a hearing. Why does this make my anxiety level shoot up, I've been waiting for this day its here now drives me insane thinking about what the DRO will ask me? If he is truly trying to help me or if I am just a number off the Monday morning report now for their stats. Does anyone like Berta have any advice of what not to do or say?

[Andyman73]

Got no advice for ya, but I will be praying for you, for your hearing to go your way!

Semper Fi.

Andy

[rootbeer22]

jfrei:

Frankly, this anxiety is only a natural reaction to the "unknown" and having to go before an authority figure..like a review board or something like that? The bottom line is to get all of your facts and evidence together which will help to build your confidence and ultimately do well with your case. I personally have mixed feelings about attorney's because they are both good an bad. The bottom line is for you to review any agreement that you have with them very carefully and understand every aspect of it. Especially, when there is a "pay out" of funding or retro because they will definitely get a chunk of your back pay if they have been if they represent you....

[Berta]

"Does anyone like Berta have any advice of what not to do or say?"

Hopefully your attorney could be at the hearing, and if not, give you good advise.

I have only prepared a few vets for hearings...
One was at the BMCR and that one was very scary to the vet ( who won their case !)

The main thing I can advise is to make sure you bring all of your evidence.
Make sure anything, not in the record, gets into the record.

Make sure you bring the denial letter with you.

I had a DRO hearing once. My vet rep went in my place.BIG MISTAKE.

I went over carefully with him before the DRO hearing the points I wanted to make and that he needed to get my IM0s ( one or 2 at that point) into the record as the DRO had already ignored my evidence under the regular DRO review I requested.

I got the same DRO who prepared the first denial.)

I filed CUE with the director on that and got a double DRO review very fast.

The outcome was the rep said the DRO told him she could not read my main IMO. (WTF?) it was prepared by Dr Bash.

I said someone at the VARO can read it-did it get into the record? He said Yes.

Then he said he got her to go for his idea of ordering another C & P ( like this was a big deal and I should be grateful to him)

I said if the DRO could not read my IMO from an expert like Dr Bash , how the hell can she read an additional VA C & P report?

That point sort of deflated his ...whatever....

The SSOC revealed he lied and the DRO still didnt consider my evidence.

That was the only claim I ever had that went to the BVA (except for one BVA rendered moot because I had won it at the RO level under a different theory of entitlement.)

The BVA read my IMOs and evidence and awarded.

Is this regarding a CUE claim?
If so make sure you have your legal evidence with you and also the actual regulations they broke.

I told the BCMR vet to plan on doing something special after the hearing. Try to focus on that before getting there...a nice meal, a good movie, anything at all to make the day special to get their anxiety off their mind,

and also to pretend the hearing officer or whoever forgot to put their underwear on that morning and are more far nervous about that then the veteran should be.about their issue.

And above all BE CONFIDENT in your evidence!

Review and rehearse it as best as you can.

Whether this is for a CUE claim or any type of claim, I am sure the lawyer will want you to main focus on the keys points.

I will try to find your claim here that the hearing is for...and add anything else I can think of....

Your lawyer knows the key issue and should be willing to either go with you or maybe even set up a conference call with the DRO.

If the lawyer has additional argument to the claim, you need to have copies of that to bring with you.

Another hearing I helped get a vet ready for was cancelled and their proposed reduction was dropped.

I was very familiar with his claim and asked him questions I figured the hearing officer would.

We rehearsed the potential hearing scenario.

But the evidence we had found and submitted to the RO prior to the hearing, did the trick.

Edited July 16, 2015 by Berta

[Berta]

Can you scan and attach the CUE claim here (cover C file number, name and address)?

I want to see how the CUE has been identified as to specificity and also how it had a manifested outcome, to your detriment, due to their error (s)

and also can you attach the SOC to include the evidence list?

Edited July 16, 2015 by Berta

[jfrei]

Can you scan and attach the CUE claim here (cover C file number, name and address)?

I want to see how the CUE has been identified as to specificity and also how it had a manifested outcome, to your detriment, due to their error (s)

and also can you attach the SOC to include the evidence list?

You have to click on the image for it to enlarge Berta. Sorry

[jfrei]

And the new evidence was the GM Ignition switch reacll where the in turn they admitted was at fault in my accident and settled my case for 500,000 even though it was before their bankruptcy. So its says Berta in my claim to reopen my claim is the DRO allowed to grant my claim or just reopen to start off the appeal with the BVA. This is what the lady said to me on ebenefits but I know how reliable they are.

Yes, the DRO has the authority to overturn previous decision that was made on your claim. The DRO has the authority to grant benefits if warranted based upon the evidence received.

Edited July 16, 2015 by jfrei