Interesting read from a DRO

[Buck52]

This may help some veterans understand the appeal process a little better.

From a DRO.

 

https://veterans.house.gov/submission-for-the-record/matthew-middlemas-0

 

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

[Andyman73]

Buck,

Ok, thanks.  One of my key points for my EED claim, is that the C&P exam was left unfinished.  There was no ruling on it.  I was examined for my feed(new)and my knees, ankle and back(for increase) all in conjunction with a claim for initial SC for my feet.  The decision letter stated that there was no basis, at that time, to warrant an increase for the already existing SCDs.  The letter made no mention what so ever about my feet.  My recent foot exam DXd me with the same issues, and the RO awarded me 30%.  There was no new evidence to give them, outside of the VA's own treatment records, which all took place after the 2006 C&P exam. 

So while the recent exam did have that to go with the C&P exam findings, the two examiners still found the same issues..  The only real difference was that the recent claim was adjucated and the original claim was not.  I am not asking them to find something that was not there at the time, but to see the near identical findings in both exams, and award the SC based on the first exam date.

Not too hard or complex, right?   Anyway,

Hopefully some others will chime in with other words of guidance.

Semper Fi.

Andyman

[Buck52]

yes I understand, 

You may need to get a IMO from a specialist to give his/her opinion&using the VA Criteria, if the new Specialist has a better informed  report or equal to the VA Doc's

them raters usually go with the specialist.  it could be worth the $$. in the long run.

From my experience anyway  on an appeal  its better to get a Good  Private well qualified  IMO.

 

I may need to get one (IMO/IME for my claim to connect it to my military service  if what I sent them is not good enough.??

I am saving up for it anyway...I might have to go barrow the $$ from the bank on signature loan  but If I do I feel its best in the long run.

 Ms berta or asknod, broncovet  USMC_VET would be good to advise on this one.

Just Hang in there Buddy!!

 

jmo

 

..........Buck

Edited November 24, 2015 by Buck52

[Chuck75]

Andyman

Some times a DRO Hearing can back fire if you happen to draw a unfriendly DRO or a stern one

AND sometimes a DRO Hearing is the best way to go, its all a gamble (crapshoot)

If you have new  & material evidence  to present at your hearing, Then I would choose the DRO Hearing

You can look them in the eye face to face and let them know about your sc disabilities and how bad they effect your life.

But I maybe partial to the DRO Hearings because I had one at my RO one time because of a VA C&P Examiner tried to discredit me and my evidence to proposal to reduce my current rating.

That DRO believed the Dr was over stepping his bounds (so- to- speak) he said'' although a VA Examiner had mention your disability was not as bad as you claimed its obvious with a DRO and a Rating Specialist at your Hearing your disabilities are real & with your new and material evidence presented at your hearing a increase is warranted and proposal to reduce will be withdrawn'' the DRO   believed my New IMO Specialist Dr  Over the VA Dr  (Equipoise Relative)

 The DRO Expedite my claim that day.  from a 50%rating to a 60%rating for 10 %&rating for tinnitus and a 30%increase  thats 50 to 60 then with a 30 Increase thats 90% combined, he even had the dav rep to fill out a TDIU App , I had a combined rating of 90% then because I could no longer work and a letter from my Voc Rehab officer  they used the eatra schedular rating and I was then warranted the TDIU P&T  &  Disability is chronic in nature with no future exams scheduled. (this was almost 14 years ago)

 or before you  go to the DRO Hearing .

if your disability keeps you from working  ask to get in Voc Rehab, if they can't find you any thing you can do because of your sc disability  then usually the counselor or rehab officer will write you a good favorable letter for the TDIU.

 

 ''Traditional'' maybe a good way to go too but it may take longer,  other elder members should chime in here and give their advice.

 

jmo

 

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

It really depends on the DRO. The one experience I had was that the DRO just "Rubber Stamped" the original RO decision,

And after some research, and intermediate efforts,  I ended up filing a CUE claim, and requested a BVA hearing.

[Andyman73]

Buck and Chuck,

It seems that either way it's a 50-50 crap shoot, huh?  Which one goes quicker?

Andyman

[MarkInTexas]

Thanks, Buck!  I found this part interesting:

"However, the Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals."

And this one,

"Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect.  This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal.  The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office."

I didn't realize either.  I have a Form 9 filed on denials, and a NOD on an increase on a separate issue.  If I am reading the first paragraph correctly, the VARO holds all until all NOD's have been resolved.  Then on the second paragraph, if a SOC has been issued, and I submit N&M Evidence, then I must inform the VARO in writing that I want an initial review at the RO while everything is still in purgatory.

Learned a lot throughout the article, and although it looks like it was written in 2013, I can only imagine things have gotten worse.  Thanks!

Mark

Edited November 28, 2015 by MarkInTexas

[MarkInTexas]

Basically its "we have pushed to get claims denied finished and have been putting more and more pressure and less and less qualified people to do so and because they are not qualified to do it we have to oversee them and since we are denying finishing so quickly the appeals backlog is growing exponentially and now we have less time to pay attentions to appeals since we are denying finishing so many claims much quicker.  We believe wholeheartedly that it is in the VA's Veterans interest to rob peter to pay paul and then put a shitload of debt on peter."

Amen!  You made me laugh though.  Thanks!

Mark