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DRO...Never again.
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ArNG11
So in my VA journey I have been learning as I go, trying to heed the advice of many who have had success with the appeals process. As I have tried on my own I cannot recommend the process of appealing to the local regional office. I had a strong feeling that I was going to loose again if I went the DRO route again for an appeal. Although I knew better, I went with the recommendation of a law dog, sort of, they misunderstood, and asked for appellate review but opted for DRO, not what I wanted and well I hate being right, no dice. I am getting the run around again. However there is a bright side to this, and I wanted to share.
The DRO made conflicting statements and confirmed that my evidence was not used for my submission for increase or my NOD even though both decisions stated they did. In my case after my NOD, I submitted new and material evidence from an IME from Veteran friendly doc, Dr. Ellis. He knows his trade. I got an increase from the date of his exam and I was hunky dory or so I thought. Got hosed again. But an interesting find. The DRO stated that the reason I received the increase to 20% on my back was because of the Ellis opinion. It included range of motion results and there was an actual ROM exam performed by him. The two C&P's from the VA, one from QTC and the other from my friendly neighborhood VA Hospital in OKC, were bogus. Eye-balled and only slightly higher measurements to justify an increase. They never used any measurement tools for ROM, (Goniometers). Actually the first one I have seen was at my physical therapist, Dr. Ellis' office, and the Functional Capacity Exam's I had done through independent providers, which I clearly remarked to that effect. The inconstancies in the C&P exams I noted in the hearing.
Multiple times before and after the hearing the DRO made a goof. She stated that my private IME had the ROM measurements to justify my increase, however later she stated the contrary, that my opinions did not have ROM measurements and the VA's C&P docs did. Then another goof. My last recently service connected knees. SVC as related to service but 0%'s on both. No favorable ROM results. Yet they did not weigh my IME results like they were supposed to. The IME had ROM measurements, and I had gotten the IME before I submitted latter claims for the knees and hips. That evidence I used twice, once for my appeal on the back claim and the next when I submitted the initial claim for the knees. Accidentally in the dialogue she stated that the IME was used for one claim and not the other. However, I know for a fact that I sent the IME along with the measurements. I have copies of every thing I send the VA. Green card and signature. And yes scanned on the computer as well. Heck even in the SOC and make shift SSOC not officially stated, the list of evidence and ROM are noted. The evidence was not used. She confirmed this several times and contradicted her statements before. The evidence was there, the VA just didn't use any of it. Surprise,... surprise. Now I am awaiting for the transcripts of the hearing and I want to find out whether those statements are omitted or garbled.
The DRO process is just waste of time in my opinion. Like others have stated and I quote " what part of no, do you not understand" AskNod I cannot in good conscience advocate this appeal route. If you choose the DRO route make sure it is a formal hearing & on the record, also ask for transcript. Be polite and do not discuss particulars of your claim off the record.
Live and learn ladies and gentlemen. JMO...JME
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So in my VA journey I have been learning as I go, trying to heed the advice of many who have had success with the appeals process. As I have tried on my own I cannot recommend the process of appealin
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