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.
 

[Vync]

In some cases, you can actually request a second DRO review before taking it to the BVA level. Although BVA rulings are not precedent, it looks like the BVA entertained the possibility of a second DRO review if this veteran had "additional compelling evidence". It might be worth asking your attorney what they think.

http://www.va.gov/vetapp14/Files5/1438515.txt

Consequently, the RO sent an October 2011 notice letter to the Veteran informing him that he was provided a DRO hearing in February 2009, and unless he had additional compelling evidence, a second DRO hearing would serve no purpose

 

 

[jfrei]

[jfrei]

Citation Nr: 0501316       

Decision Date: 01/14/05    Archive Date: 01/19/05

 BVA 92-08063 DOCKET NO.  10-30 640    )              DATE

Citation NR: 9735782      

Decision Date: 10/23/97                                Archive Date: 10/28/97

DOCKET NO.  96-45 076  )              DATE     )

DOCKET NO.  90-52Citation Nr: 0014481

DOCKET NO. 10-30 640

DOCKET NO.  95-21 314 738

BVA9408804

DOCKET NO.  93-00 256

Citation Nr: 0204210       

Decision Date: 05/08/02    Archive Date: 05/17/02

DOCKET NO.  00-09 952      )              DATE$$$

Citation Nr: 0413612       

Decision Date: 05/27/04    Archive Date: 06/02/04

Citation Nr: 0122968            

Decision Date: 09/20/01    Archive Date: 09/24/01

DOCKET NO.  95-05 865DOCKET NO.  03-14 965A                $$$

Citation Nr: 1241842       

Decision Date: 12/07/12    Archive Date: 12/13/12

BVA9507908

DOCKET NO.  93-13 660

Edited February 2, 2016 by jfrei

[jfrei]

 Finally, the Board notes that operating a vehicle without a license is a “mere technical violation” that is not willful misconduct. (Citation NR: 9735782). As you have seen I have found many appeals similar this one not precedent but close to mine especially with the no license another was about a man crashing and drinking without a license on a motorcycle. But no claim has ever had a proven defect with the car along with it with evidence of 400 crashes to go along with 2 recalls.

Then the DRO says the VA knows it there was a defect but I should not have been driving. My evidence states that it didn't matter when I was driving but that the defect could have caused a crash at any moment of my ownership the airbag not deploying is what caused my injury/coma. I still have some of the money from GM but having a baby with a birth defect comes first and I am laid out to dry forgetting everything minutes later at times with no help from the VA. Exiting from my service the paperwork stated your TBI is being evaluated by the VA which said nothing about no wait, so now you might never get anymore medical help because the LOD that had a formal hearing has no bearing that's only ion the military. My only obsession now is my claim and no matter what anyone can tell me its on my mind.

I have emailed anyone to get my claim moving the first was hickey who by magic sped my DRO almost a year who the DRO heard my claim and had to go to OGC. They answered that was the day I got the report and so gave it to her but she said the OGC answered already Ill help you with your appeal her another 3 to 4 years of pain stress and obsession on looking up past decisions. I can not help myself its like a twitch in my brain this obsession my doctors told me its a residual of my TBI along with my anger.

Edited February 2, 2016 by jfrei

[jfrei]

4 hours ago, Gastone said:

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

 

 

1000 to 1200 days so I am on day 55 feels like the Afghanistan deployment count down

Semper Fi

 

Edited February 2, 2016 by jfrei

[Gastone]

Your 30% SC, so unless I'm mistaken-Doubt it, your eligible for all your med needs SC or Non-SC'd to be covered on a no charge basis by your VMC. With a referral from your VMC PC or Specialist, you could even have Non-VA medicals services provided and paid for by the VA.

1000-1200 days, that's going to require one hell of a short timers calendar.

Semper Fi