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]

I've never been to the BVA, but have had numerous New, Secondary Claims awarded both pre & Post DRO Hearing. DRO Hearing from a 2010 NOD took 4.25 years and my additional filings may have added some time. VSO-Reps are very timid when it comes to filing additional claims while NOD's or other aged claims are pending. When I received a New DX that I thought could be a primary SC or a Secondary, I filed for it.

After I got my DRO Hearing Award 06/14, I immediately, same day, filed an AO PN claim. VSO had screwed up an 08 filing that the DRO couldn't address.

You'll hear from a good number of Vets that you really don't want to rock the boat, raters reviewing your C-File especially after being awarded IU. I had a 04/14 C&P from a 2ndary FDC filed 02/14, Awarded as a Secondary rated at 0% 07/14. Refiled as a New FDC 03/15, awarded again as Secondary at 0% 07/15. Thought I was going to have to NOD the 07/15 Decision, 01/03/16 got bump to 100% Scheduler for SA based on the 0% Secondary. Went from 90% IU T&P No Future Exams since 06/14 to 100% Schedular T&P NFES, SMC S (1) effective 07/15. Still haven't received the Award Letter, Retro paid and new comp rate started 02/16.

Keep your eye on your long game (TBI) Appeal but don't overlook other possible Physical and/or MH possible SC issues.

Semper Fi

[jfrei]

9 hours ago, Gastone said:

I've never been to the BVA, but have had numerous New, Secondary Claims awarded both pre & Post DRO Hearing. DRO Hearing from a 2010 NOD took 4.25 years and my additional filings may have added some time. VSO-Reps are very timid when it comes to filing additional claims while NOD's or other aged claims are pending. When I received a New DX that I thought could be a primary SC or a Secondary, I filed for it.

After I got my DRO Hearing Award 06/14, I immediately, same day, filed an AO PN claim. VSO had screwed up an 08 filing that the DRO couldn't address.

You'll hear from a good number of Vets that you really don't want to rock the boat, raters reviewing your C-File especially after being awarded IU. I had a 04/14 C&P from a 2ndary FDC filed 02/14, Awarded as a Secondary rated at 0% 07/14. Refiled as a New FDC 03/15, awarded again as Secondary at 0% 07/15. Thought I was going to have to NOD the 07/15 Decision, 01/03/16 got bump to 100% Scheduler for SA based on the 0% Secondary. Went from 90% IU T&P No Future Exams since 06/14 to 100% Schedular T&P NFES, SMC S (1) effective 07/15. Still haven't received the Award Letter, Retro paid and new comp rate started 02/16.

Keep your eye on your long game (TBI) Appeal but don't overlook other possible Physical and/or MH possible SC issues.

Semper Fi

Well attorney swears it wont slow my appeal down but why wouldn't he say that more retro for him. He said I am aways away and now it wont have  any effect my file is still at the RO. So my next question is I had an incident were I was climbing up an aircraft slowly and went to grab a PCR as I did that my finger which is rated at a zero shot pain in my hand causing  me to grab with the other hand quickly. As I did that I didn't notice were I was grabbed and punctured my thumb with a cotter key and now I have this ugly scar and pain in  my right thumb. Is that considered a secondary even though I couldn't go to the doctor in fear of losing my contract job. Which ultimately because of my finger/hand I did anyways with an incident of hanging a blade/ blade rope losing my hold with the injured SC hand and another blade swung down and it the crane hanging another blade? I am trying my hardest to get into the inspector realm of work and am very close after having my A&P and getting my IA.

Edited February 3, 2016 by jfrei

[Gastone]

Our Lay Testimony regarding current symptoms is accepted as fact. If you had an in-service injury that can be proved and it's causing you physical or MH issues now, it needs to be addressed.

Talk to any old dog you know, every serious bump, twist or break they had as a young buck; comes back to haunt them down the road. If you can prove the injury and have verifiable symptoms that can be attributed to your active duty injury, it's time to file an FDC.

You can have more than (1) NOD pending, if Denied.

Semper Fi

[jfrei]

On ‎2‎/‎3‎/‎2016 at 10:14 AM, Gastone said:

Our Lay Testimony regarding current symptoms is accepted as fact. If you had an in-service injury that can be proved and it's causing you physical or MH issues now, it needs to be addressed.

Talk to any old dog you know, every serious bump, twist or break they had as a young buck; comes back to haunt them down the road. If you can prove the injury and have verifiable symptoms that can be attributed to your active duty injury, it's time to file an FDC.

You can have more than (1) NOD pending, if Denied.

Semper Fi

Well the hand is already service connected but now its the other hand which was caused by the service connected hand. Also check this out Gastone

is what the DRO entered into my file and stated the is no doubt there was a defect that caused the crash. But two reasons why I shouldn't have been in the car. I found it founded entering in this evidence without citing the facts like it could have happened at anytime without me knowing, it also stated had it been the defect my seatbelt pretensioners would have failed with the airbag not deploying, How can a DRO say your cars defective and the reason the car crashed yet because OGC never saw the report they told her to deny on the 23rd? As you can see this was entered the 30th the day she wrote her decision? Sorry OGC decision. The DRO had the report and it contradicted everything OGC said to was the reasoning why but she denied and at the same time entered it in as evidence. I know everyone is tired of hearing about this so this is it until I get word of the appeal in a few years. Thanks for the advice everyone and Gastone I am filing for my hand a an increase in my shoulder I have been holding out in fear of prolonging my hearing but I guess I have no worries about that.

[Gastone]

That sudden stop got your attention.

You said the DRO Denial indicated (2) reasons why you shouldn't have been in the car, can you share them?

I'm aware of the GM Ignition Switch Recall Debacle but exactly how was the Switch determined to be the cause of the "Loss of Control" that looks like it put you into a pole? What did the Police report have to say? I assume Citations were issued.

I've been driving a 1 Ton Diesel work Van doing 65 mph when the Serpentine belt lets go. No power Steering or Brakes. Takes 2 men and a boy to turn the steering wheel, a very hairy experience.

Semper Fi

[jfrei]

Gm has already stated and paid out settlements in 2008 and again when they finally recalled my car  last year. It was a tree but the police report says they don't know what caused me to lose control of my vehicle but I was in violation of a few PA codes this was in 2006 ten years before the recall. So when I went to the police department he was shocked that my vehicle was found to have this defect and suggested I hired this engineer who works with them against lawsuits. He said he would but legally cannot because he was involved in the original accident report , conflict of interest. So I went and hired this guy who has a few patent for seatbelts and written several books, articles. as well as his degree in mechanical engineering. I don't remember anything because of my TBI just the punishment I received when I awoke from my coma one being driving on a suspended license and a DUI. Not proud of any of it, just last year marked my 10 years from the incident and is now expunged from my record because of ARD program. I am ashamed of it but feel like my service said I was in the line of duty not due to misconduct even before the recall which then lead to my deployment,  that I should receive the same medical care as I did in the military. Sadly I am not the only Marine that had this GM problem one died out in California and 2 other in that care were injured. Sorry to hear about your scare I was actually going 55 mph around a S turn at the same time I could have lost my power brakes.