OMG please help me with this mess for NOD hearing this Friday

[Navy4life]

Okay so most of you know my situation...

I have my NOD this Friday and I got my C-File in the mail today!  Nothing like getting it at the last minute but I am sure glad I did!!!!  

Here is my issues and I need help please for my hearing on Friday!

My NOD hearing is for right ankle sprain DENIED; right 5th metatarsal fracture DENIED; and left foot/toe condition.  The issues surrounding this are the following:

June 2014 Award Letter stated Morton's Neuroma w/status post avulsion fracture, 5th metatarsal, right foot - THAT WAS WRONG - it was actually for my left foot/2nd toe 

My November 2014 Award Letter - stated my status post avulsion fracture, 5th metatarsal, right foot as DENIED; right ankle sprain DENIED; left toe condition DENIED.

Now fast forward to this mess on my floor - my C-File!

I see this in my C-File which pertains to my current FDC claim that is in Preparation For Decision.  Notice the "temporary convalescence for right broken foot secondary to left ankle comment.  What does "Issue is RTR"????rater letter 1_Redacted.pdf - Do you think they are holding off on my FDC until after the NOD????

Next is the Ankle DBQ from July 2013.ankle _Redacted.pdf - I uploaded the two pages of concern.  Look at question #1 Diagnosis and tell me if you see the error for Diagnosis #2 - This the issue I am stressing about!  The doctor notes ICD code for right 5th metatarsal  with date of 1993.  He notes it affects left side?  Is this not a direct diagnosis for me?  I also have right ankle sprain diagnosis and left ankle synovitis diagnosis yet I was only S/C for Left ankle synovitis?????  Is this not sufficient enough to have had me S/C for right ankle sprain and right foot fracture?

Next is the Foot DBQ from July 2013.foot 1_Redacted.pdf - Again look at #1 Diagnosis - Morton's Neuroma ICD 355.6 as of 1992.  Look at the foot injury and see the date of diagnosis for fracture of 6/23/13.  That is wrong!  That is the date of an MRI I had of that foot but the fracture was already noted on Ankle DBQ

How did I not get rated?  So many screw ups with this!

This is already evidence but should I bring it and POINT out the CUE's????????

Here is the picture of my entire C-File!!!! Gotta love it!  It still doesn't have my medical records from the 90's but I think I have enough ammo just need advice!!!

 

 

[Gastone]

If this is your 1st ever, DRO Hearing, you need to familiarize yourself with the Hearing proceedings. I went to my 1 and only Hearing in 06/14 without a clue. Met with the VSO DRO Hearing Specialist (Former SR VA DRO) for about 10 min prior to the Hearing. He answered a couple questions regarding Hearing Procedures, then in we went.

Keep in mind, your "New & Material Evidence," depending on how compelling it is; should rule the day. If you go "Formal Hearing," the DRO will advise you of a "60 Day N & M Evidence period," after which a Review and Decision regarding your Hearing will be made. A friend of mine is currently at month 8 since his Formal Hearing, after which he and his attorney signed a document saying no further N & M Evidence would be offered, bypassing the 60 Day Wait for the Review and Decision phase.

After my DRO's initial intro and discussion of the Formal Hearings Recording and Transcription (he said it would take about 1 yr to get a copy) I asked about an "Informal Evidence Conference," that I had requested in 01/14 but had never been held. At that point, he said we could do it right now and at any time I wanted to go back on the Record, he'd start the Official Recording again. I did ask if we went back on the Record, could I also Record the Hearing, already had my recorder out, he said no problem.

The DRO and I had a back and forth discussion for about 35 min, at the end he said he was awarding all $$ issues from 2010 NOD and also IU from 2012 NOD. My VSO-Rep had an Official DRO Award Letter on his desk that afternoon by 3:30 when he called me with the update.

Had I stayed with the Official Hearing format, based on what other experienced Vets have said, I could have waited in excess of 6+ months or much more, for an Official Decision. My Retro hit mid 07/14 and actual VA Award Letter arrived end of 07/14.

Are you going to use the Formal or Informal format???

Semper Fi

[Berta]

Buck gave you great advice. I think you will do very well.

By all means raise any issue that you feel involves major errors.

Navy4life, everyone gets nervous over these hearings but , if you are well organized, you can go into the hearing with confidence that the DRO will accept and consider all pertinent evidence you have.

I wish you could bring someone with you. It is often easier to have in front of you and a copy for the DRO, a description of the evidence you want them to consider, and if someone is with you they can hold the marked folders of each described piece of evidence , and hand them to you as needed..

And focus on getting some sort of nice treat for yourself  after the review- a movie you have wanted to rent, or a nice meal, or any positive thoughts you can have that will help alleviate your anxiety. DROs are as apprehensive as veterans sometimes for these hearings and I agree with Buck that this might not be as stressful as you think, because they are people too, and many are veterans  themselves.

It is odd that, after I went round and round by email and phone with my RO director , frustrated at how her RO was not applying the regs and my evidence to 2 of my claims, last year .... I actually started to like her very much, and realized her job must be very overwhelming. and she was trying to do her best...it was the RO underlings that were screwing up my claim, not her.

I wish vets had more chances to go one to one or at least talk by phone or email to the RO people who directly work on our claims.

Some of them do have a sense of humor, but more importantly, they view us beyond being just a C file number ,when they have personal contact with us.

You will be OK!

 

 

[Buck52]

Thats good Navy4

if you get a chance have your binder/folder with you and just show the DRO across the table on the contentions in question  he/she will ask you  'you mind if I read this?''

just don't be upset  and say look here by god this says this and the VA says this'' just say in a nice way you disagree with there decision and here is why and my evidence  and show him how the VA messed up.

if you have the evidence to back it up  then your going to be fine  thats what your there for.

Actually the DRO Hearings are usually a good thing for us veterans, its your chance to have them make things right.

But some veterans do get a xxxxxxx DRO, But from my DRO Hearings ( two) in waco tx on clay street   They both have been veteran friendly, nice and lets get this right type guys.

you might have a female DRO  if this is concerning your MST? Both of my DRO were Males.

just hold your head up high be honest and I bet your going to do just fine   getting your c-file just a few days before your hearing is not much time to prepare  but at least you have the records now that you needed.

Good Luck!

 

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

[Buck52]

I wanted to mention this.

it don't matter if you have a formal or informal hearing  the informal hearings are more better in my opinion  to get your point across  in a more relaxed type atmosphere.

you will be sent a transcript of everything that was said at your hearing  in the mail with your decision.  formal or informal.

keep that letter in a safe place.

 

.......Buck

[Andyman73]

Navy4Life,

Get some, get some!!!  I will be there with you, in spirit!!!  Prayin for your complete and utter success!

Semper Fi.

Andyman

[Navy4life]

First of I'm extremely grateful to all of you!  Your overwhelming support for me has me quite emotional this morning. I am heading into work and I'm so grateful to work for an awesome guy!  He told me to take the whole day to prepare. 

I was up most of the night going through all the documents. I noticed there were multiple DBQ's of the same one in my C-File. 

I extracted what I think I should point out as errors. If you noticed the documents I attached you can clearly see errors!  Additionally on the advice of Buck I have prepared word documents with bullets to point out the issues and errors and new evidence to supply. I'm going to prepare a binder for myself and the DRO with separaters and tabs. 

I plan to leave this evening. Got a free rental car and hotel with reward points lol. No wear n tear on my car lol. 

Again thank you!!!

Edited February 25, 2016 by Navy4life