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I Have To Share This With Everyone...


Cherie33

Question

Ok...As some of you already know. The VA propsed to decrease my rating. I requested a "Pre-Determination" hearing and was granted that. Well, I also mentioned that if my additional evidence wasn't enough that I would still like to attend the hearing, however if it was strong enogh, that I wanted them to make a decision based on the evidence. To make a long story short. I spoke with my DAV Rep and explained the situation, (I really didn't want to drive to St. Pete, if it really wasn't necessary) so he (DAV Rep) told me that he would talk with the DRO and call me on the next day to let me know what was said. Well, I got the phone call and he said "They have agreed to withdraw their proposal to decrease my rate, however the DAV Rep told me how much the DRO scurmmed at the notion of leaving my disability rating (Major Depressive Disorder, with Psychotic Features currently rated at 50%) as it was. Now, the whole purpose of me submitting a cliam was to have my rate increased, now I am back at the same point that I started with. At this point though, I am requesting my IBS (currently rated at 10%) be increased and I am waiting to talk to my DAV Rep regarding a letter I received to appeal the VA's decision where they wanted to leave my IBS as 10%). Does anyone have any suggestions or comments.

Thanks,

Cherie33 B)

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I agree with Terry to get this in writing-

I think the DAV guy was sort of suggesting that you withdraw the claim for higher rating-since they withdrew the proposed reduction idea.

The DRO should not 'scurmmed'-- squirm? at a claim for higher rating -that is their job and this is all dependent on medical evidence-not how the DR0 personally feels about the claim.

sounds like an attempt at a deal to me------maybe on the DAV's part----

I have to tell you all by personal experience-

if a NSO or vet rep tells you what a DRO said-

wait until you see it on paper- it might well be quite different-

When I found out that what my vet rep told me as to a DRO conference in 2005 was NOT born out by the SOC statements that followed -and my POA had no evidence at all of what this rep told me--- my vet rep started to squirm.

I had an odd feeling when he called me- to tell me what happened---because I had no hard copy email-

The SOC revealed that either he or the DRO made something up.

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Having been granted the DRO hearing was your chance to present your

claim face to face and submit your evidence. When your there face to face

your no longer just another file you are a real live person. So many vets wait

1 - 2 years or longer, to get a chance at a DRO Hearing so they can have that face to face contact and their claim may be listened to a bit more. Did you let VA know in advance that you weren't going to attend ? The DRO might have an attitude that the claim wasn't so important to you being that you didn't attend.

This is from M21-1MR - Chapter 4 - HEARINGS

i. Attendance at Hearings The person requesting the hearing and witnesses are expected to appear in person at the hearing. An exception may be made for extenuating circumstances that prevent him/her from attending, such as incarceration or a serious medical condition.

When there are extenuating circumstances, an individual holding power of attorney may represent this person.

j. Presenting Evidence and Testimony The claimant or his/her representative can

• present documentary evidence as well as oral testimony at the hearing, and

• bring witnesses to the hearing to provide testimony, or

• make arguments and contentions with respect to the facts and applicable law.

They do have a post decisional DRO hearing available.

Sorry - this doesn't seems like the results you were hopeing for.

carlie

Edited by carlie (see edit history)
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Having been granted the DRO hearing was your chance to present your

claim face to face and submit your evidence. When your there face to face

your no longer just another file you are a real live person. So many vets wait

1 - 2 years or longer, to get a chance at a DRO Hearing so they can have that face to face contact and their claim may be listened to a bit more. Did you let VA know in advance that you weren't going to attend ? The DRO might have an attitude that the claim wasn't so important to you being that you didn't attend.

This is from M21-1MR - Chapter 4 - HEARINGS

i. Attendance at Hearings The person requesting the hearing and witnesses are expected to appear in person at the hearing. An exception may be made for extenuating circumstances that prevent him/her from attending, such as incarceration or a serious medical condition.

When there are extenuating circumstances, an individual holding power of attorney may represent this person.

j. Presenting Evidence and Testimony The claimant or his/her representative can

• present documentary evidence as well as oral testimony at the hearing, and

• bring witnesses to the hearing to provide testimony, or

• make arguments and contentions with respect to the facts and applicable law.

They do have a post decisional DRO hearing available.

Sorry - this doesn't seems like the results you were hopeing for.

carlie

Oh My Goodness! I was so sure that my DAV rep was telling the truth. He told me that I didn't have to come. He spoke with the actual DRO that was going to have my hearing. You know what though, I think it was all about how the DRO felt, (now that I think about it). My DAV rep told me that the DRo was going on vacation and wouldn't return until the day before the hearing. Said that based on the doctors statement, that he would withdraw the proposed rate reduction. Now, I told him that I would need that in writing. However, it is a little too late for trying to present evidence. My hearing was scheduled for Nov 14, which has obviously past. Now I feel bad. I need this increase but I really don't know what to do now. I think that I will call the VA on tomorrow to see what kind of information that I can get from them as far as a letter being sent out or what.

Thanks All,

I have messed up again!

Cherie33 B)

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