DRO or no DRO

[Tazinhawaii]

So I got my letter from the RO saying they received my NOD for my recent Migraine increase request.  Basically, I have migraines service connected at 0% from when I got out of the Navy in 2012.  They have gotten worse and now 3-4 times a month.  I'm seeing a neurologist at the VA who has prescribed meds.  Unfortunately, no matter how many times I tell the neurologist what the headaches are like (debilitating, must lie down, no light/sound), he seems to refuse to write that down in my record.  I do also have a secure message I sent to the doc about the prostrating nature in my record, but the doc never did anything with it.  Therefore there is nothing indicating they are prostrating attacks (which is why they denied my increase).  I did provide a log of my migraines since April very clearly describing these prostrating conditions but apparently the RO didn't care.  Then of course the C&P examiner (blood pressure starting to rise now),  didn't ask a thing about if they were prostrating.  In fact if I wasn't looking over her shoulder she would have recorded that I said the migraine happen once every 3-4 months instead of 3-4 per month.  Her integrity leaves A LOT to be desired!!!!!  My elbow exam was just as bad.

 

So, now I'm in the appeal process.  Sent the NOD with a similar explanation as I typed above (more professional though) and got a response letter today asking if I want a DRO or just start the traditional appeal process.  What should I do?  Any experience with the DRO actually taking my statement into account (can also bring the wife to testify).  Also, I was thinking of using the Veteran's Choice program (or Tricare) to get a second opinion out in town where the doc will probably record in the record the prostrating nature.  

 

I thought this was an "open and shut" claim, but alas not so.  Do I go through the DRO process or straight to appeal?  Suggestions...

 

Thank you

[mrsfootball]

Mrs Football:

   Please start a "new" post to ask questions not related to the original poster.  Since you are new, I wlll answer your question, but please start a new post in the future.  

    It sounds like your attorney is "on the ball"!   I realy would like his/her name, as it sounds like he has not only won you 100% but is also fighting for an Earlier date and much more retro.    No, the RO probably wont admit their mistake.  4 years of retro is probably six figures, depending upon how much you already received and number of dependents.  He will probably have to appeal to get your retro for an earlier date, since RO's dont like to hand out 100,000 checks easily.  

THE LAYWERS NAME IS DAVE AND STEVE BANDER-BANDER AND BANDER CONCORD MASS TELEPHONE-978-369-4242 THEY TRAVEL TO DC FOR BVA HEARINGS VERY OFTEN. THE USUAL 20%ONE TIME FEE.SOUNDS LIKE A LOT BUT WORTH EVERY PENNY.THIS IS ALL THE FIRM DOES VA STUFF.