Weighing Of Evidence At The Dro

[jfrei]

Does anybody know how or what evidence the DRO looks at that outweighs another piece of evidence in Determining SC for an injury at the Regional Office hearing? I am sure my attorney has everything he said its straight forward cut and dry. But like always I'm paranoid its 21 days from now.

[Buck52]

They look at both medical reports VA as well as Private.

Private IMO'S/IME's with the Dr stating his credentials & expertise in this field of study as a board certified specialist has more probative weight that that of a VA Dr. when they use the VA Criteria.

If both Dr's are as equal as for as there Credentials /specialty/expertise, then its based on who has a better explanation (rationale account of the disability)

If they think both Dr's Are correct in there opine and that opine is favorable...your fine!

Usually they favor the best rationale report that connects everything.

This is why we need a good IMO/IME making sure the private Dr's are board CERTIFIED in his specialty

jmo

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

[Gastone]

To DRO or not to DRO?

The number (1) prerequisite for a DRO Review or Hearing, is New & Material Evidence that was not available for the original Rater to consider. Sooooooooo with that said and the fact you've lawyered up, prematurely or not, it's your New & Material Evidence that should rule the day. Irrefutable, absolutely compelling "NEW" medical evidence should do the job, what do you think?

What pushed you to pull the trigger on the lawyer?

Semper Fi

Gastone

[john999]

IME/IMO=new evidence. If the evidence is in equipoise the vet is supposed to win. Tie goes to the runner. I say "supposed" but I would want much more evidence on my side. With a DRO Hearing you get good ones and bad ones, but evidence will win in the end.

[Fat]

I agree evidence is the key.

[jfrei]

Well my hearing is based on a CUE claim that's states they were not allowed to reverse my service departments formal LOD in 2011 after it was stated that my TBI was caused by my car defect then the evidence I have is the GM ignition switch recall where it was deemed the cause of my in service accident leaving me in a coma for a month and General Motors compensated me almost 9 years later even though shielded by their bankruptcy.

[jfrei]

And they scheduled my hearing without asking my attorney if he was able to make it frusterating but luckily I contacted the RO and my Attorney and worked on a date the following month in September