Dro Hearing decision

[jfrei]

Apparently I did not read my DRO decision good enough the first 3 times, but if you read the last page she states that the OGC decision was made with all of the cited evidence in my claim, that cannot be true. They made their decision a week before the engineers report I hired was submited into my claim as new evidence. How can she say all evidence cited in my claim was considered in the decision from the OGC if they never even seen the report it shows the dates when all was submitted and it says she got her answer the 23rd from them but then on the 30th the day she wrote up the decision my new evidence was submitted into my claim? She looked at it the day she wrote her decision and entered it in that day even cited a few things as true but only the bits she used to deny as OGC said to . How can she just use some of the report, if it's all true wouldn't the whole report have to be cited and weighed in? She was nice about deny it saying well there's nothing I can do here but I will help you with the appeal and saying they can approve the things I can't.
 

[Gastone]

You made a statement,"told her to take the Retro, all you wanted was the medical attention," is that correct?  Your currently 30% SC and eligible for all your medical needs being covered by the VA without co-pays, right.  What "medical attention" were you addressing?

PLEASE, PLEASE, PLEASE, NEVERRRRRRRRRRR again offer to give up any RETRO you are entitled to, with an Award.

Semper Fi

[jfrei]

Ok I will not I was just wanted to get service connection for my TBI like I did in service but they said it was willful misconduct which is why I cant. the 30% is for my shoulder and foot. I don't think I can get TBI treatment for something they said was willful misconduct correct? One time I was getting prescribed drugs like I was for my memory and attention but they were saying it was do to a childhood diagnosis of ADD not what the recent doctors when I still in were saying it was for helping with the residuals of my TBI and it did. I stopped because it made me do things in my sleep like hitting my wife twice, yelling, and talking to people all while I was sleeping.

[jfrei]

The DRO statement states my vehicle had a defect ignition switch which caused the crash but there are two other reasons why I should not have been behind the wheel. The report I submitted as evidence states that it didn't matter when the accident happened it was just a matter of time and I would have had no indications or signs it was about to happen. And my injuries would have been prevented had the airbag not failed he also states GM destroyed my black box and car as he would have had a definite answer if it was still available. But she just entered it into my claim citing the causes of my crash which he said could not be ruled out as a mechanical defect and the two recalls he cited from GM.

[jfrei]

She said after reading the report I have to appeal because she cant approve at her level. My attorney said that as well its just frusterating she cant do what the VA says she can to the veterans faces.

[jfrei]

So the evidence was entered into my claim along with his 13 pages of references of books, patents, and past reconstructions like mine. Does this make the evidence acceptable as new evidence since the DRO entered it? And will only  part of his report be viewed in DC or the whole thing to weigh in on their decision?# Gastone

Edited February 1, 2016 by jfrei
typo

[Gastone]

What exactly are the issues that must be addressed by the BVA per the DRO? I think you mentioned in an earlier post, you were driving without or on a suspended license, right.

During your Hearing, how did your attorney address these issues?

Have you found any BVA Decisions that even come close to your claim? What's your attorney say regarding your wait time?

Semper Fi