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.
 

[jfrei]

16 hours ago, pwrslm said:

Back to basics.

Was any positive information in the case file ignored?  Would that information have ultimately proven your case?  If there was positive info that they did not deem credible, is there a reason or a basis for why they set the evidence aside? 

All of it except for a few sentences of the defect in the car she said was most definitely there agreeing with the forensic opinion but ultimately denying because she got her answer from OGC who never saw the report but she at least entered it into my claim. Maybe preventing more setbacks of having to be kicked back from the BVA.  I assume its a creditable source he was a forensic engineer who worked with the police in charge of my crash.

[jfrei]

13 hours ago, Gastone said:

Was this "Engineer Report" the result of your DRO issuing a "60 Day N & M Evidence Submission window," at the end of your Official Hearing? Did you get it in within the 60 days specified?

A fellow Vet had his DRO Hearing 09/15, DRO stated at end of Hearing she would be continuing Denial of 1 issue, if N & M Evidence wasn't received within 60 Days. He and his attorney decided not to pursue that issue, hoping to get the other issue of IU awarded faster. The Vet received the transcription of the Hearing 01/26/16, along with a letter stating the DRO was still reviewing his case.

For info purposes, what was your DRO timeline. Had you given any thought to obtaining the "Engineer Report," in advance of your DRO Hearing? Were you Rep'd by a VSO prior to and at the Hearing? Your continuing to the BVA Hearing, right?

Semper Fi

Sorry I am getting lost in my topic but it was actually given to her the day she was writing her decision so she just entered it in before the 60 days started. So having said that "The Board must assess the credibility and weight of all evidence, including the medical evidence, to determine its probative value, accounting for evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant."

This was never entered into the DRO decision with an explaination but that new evidence was there to reopen my claim.

[jfrei]

DOCKET NO.  07-12 701

1.  Notify the appellant that VA's duty to assist does not include obtaining a forensic accident reconstruction with regard to the Veteran's death.  Inform the appellant that she may submit a report of such, from a qualified expert, at her own expense.

Any such reconstruction must include a detailed report explaining exactly how the accident occurred.  The exact type of chair, trailer, tools, and conditions must be considered in formulating any opinions.  The examiner should discuss whether the trailer slid off the chair or, as one witness indicated, the chair collapsed.  For any assumptions made with regard to the reconstruction, to include the actions of the Veteran, a full and complete rationale explaining and justifying such is required.  The qualifications of the reconstructor must be provided.

So after reading this this sounds like my forensic reconstruction I hired on my own expense will be creditable?

 

[Chuck75]

4 hours ago, jfrei said:

DOCKET NO.  07-12 701

1.  Notify the appellant that VA's duty to assist does not include obtaining a forensic accident reconstruction with regard to the Veteran's death.  Inform the appellant that she may submit a report of such, from a qualified expert, at her own expense.

Any such reconstruction must include a detailed report explaining exactly how the accident occurred.  The exact type of chair, trailer, tools, and conditions must be considered in formulating any opinions.  The examiner should discuss whether the trailer slid off the chair or, as one witness indicated, the chair collapsed.  For any assumptions made with regard to the reconstruction, to include the actions of the Veteran, a full and complete rationale explaining and justifying such is required.  The qualifications of the reconstructor must be provided.

So after reading this this sounds like my forensic reconstruction I hired on my own expense will be creditable?

 

Not necessarily.  The evidence should be such that a federal court would accept it as valid.  The qualifications of the report author would be considered, as well as the contents.

[jfrei]

Well I submitted in with the report his 13 page resume dealing out degree in mechanical engineering, 20 years as a forensic senior engineer, 9 years as a mechanical engineer for the navy, written 41 published articles dealing with testing with seatbelts, 6 presentations on seatbelts in front of the worlds congress, 4 certificates of crash data analyst's and technician. He has received 9 awards, 2 patents dealing with impact injury testing, and lastly he has been an instructor 42 times dealing with crash protection system testing for the navy.He worked with the officer specifically in charge of my crash as well.

Edited February 2, 2016 by jfrei

[Vync]

7 hours ago, Gastone said:

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

He's eligible for free treatment/meds of his SC conditions, but it's 50% for free treatment/meds of NSC conditions. I was stuck at 40% for more than 10 years and paid a bunch of co-pays.