DRO Hearing 3/21/2016

[Jimmer]

I just received a letter that I have a DRO hearing on March 21st.   I know you guys have a wealth of information, and you could clue me in on what to expect.  I have has a BVA hearing on other issues and was successful.  My case is a little different.  Last year around March, I felt the V.A. was "stonewalling' me and I sent a e-mail to Ms. Hickey.  I got a phone call from a RO in Phoenix, Az., who said she would personally handle my file.  She was transferred to San Diego, and my file just sat.  I sent a e-mail Mr. Robert MacDonald in November  after getting nowhere.  Another RO called me and said he would be handling my file.  In the meantime my  representative sent in a NOD.  I am wondering is the NOD prompted the DRO hearing and the RO just backed out of handling the file.  This was a claim I was denied, pertaining to diaphragm paralysis , and lower back problems.  The incident that caused the accident is well documented in my military records.  The C & P doctor denied  it was service connected, because I didn't state the pain was in my left lung area, and specifically lower back  L4-5 and L5-S1 area.   I have submitted Nexus letter from Board Certified Pulmonologists  and a Orthopedic doctor specifically showing the connection of the accident with these area, along with them filling DBQ's.  They also furnished medical journals to verify the problem.  I cannot think of any new information to provide them.   Any suggestions are appreciated as always.   You guys are really on top of things and I do thank you. 

[flores97]

Jimmer, I believe when you go into your DRO Hearing, your most important job is MAKING SURE the hearing officer reads your most important pieces of evidence. Even if you believe they have everything, bring all relevant evidence with you. Take the time to make a list of what you want to be absolutely certain the hearing officer understands about your claims. Bring your spouse or a friend with you if possible, who knows your history. At the end of the hearing, the officer should (hopefully), either tell you, OK I have everything I need, or relate to you if anything else is needed. I hope this helps, and Best of Luck to you!

[Buck52]

I heard Ms Allison Hickey Resigned?

Robert Bob McDonald is probably to busy now?

I agree with Flores97 is right on money with this, any other evidence you can get take it with you but submit it on ebenny's before the Hearing & take copies with you in case the DRO don't have them, face to face with a DRO is usually good  you can tell them how this has effected your life  and its ok to be emotional

Remember the DRO is there to help you solve this and approve you if he can.

However, you maybe ask to take another C&P with a different examiner? if so Do it.

Hang in there buddy

jmo

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

 

Edited March 14, 2016 by Buck52

[Navy4life]

I just had my DRO review hearing on 2/26/16.  It was short and to the point.  I made TWO binders that were identical for my presentation.  Each binder had the exact evidence/documents as the other one did.  When I got to my hearing the DRO hearing officer who was supposed to hear my case was out so I got another hearing officer.  I was told by my DAV rep he was short and to the point.  I went into the meeting and he asked if I wanted "formal" or "informal".  I chose "informal".  That will be your decision and only you can decide which way you go.  I went "informal" which mean't the hearing was not recorded but keep in mind anytime you want to go "formal" you can and the recording starts.  

We chatted for about 30-45 minutes and I showed him all my new evidence, my IMO letter, and I pointed out the errors from the original medical opinion.  He took all of it into consideration.  He kept the binder I provided as a "working copy" for himself.

He told me it would be about 60 days before a decision would be made.

The DRO is there to give a "fresh look" - the latin word "de novo" means from new.  The DRO is supposed to look at the entire case as if it is the first time.

Good luck!

[Vync]

Great advice from everyone.

My in-person DRO review, I was not offered a choice of formal vs. informal. The lady was super nice and stated the meeting would be recorded.

Otherwise, my experience was very similar to Navy4Life's.

I had each contention sorted into individual folders. I included a document overview with a list of enclosures, dates of events/treatments, VA rating criteria, and a doctor's nexus where applicable. It explained how things connected together and also how prior decisions erred. I then had copies of relevant records which where highlighted and whether or not they were duplicates of what I had in my c-file (yes, I was that prepared and I did not want to waste anyone's time).

The conversation took less than an hour. The DRO said they could not tell me with 100% certainty which way the decision would go because they needed to go back and verify everything, but they did say that the previous rater made some very stupid decisions. That left me with a good feeling when I left. About six weeks later, I received an award letter and won on all accounts.

[Navy4life]

Vync;

That is exactly what the DRO hearing office told me, that the prior rater had to go with what they had and since the medical opinion was what they had it was unfortunate.  To me that sounded like the DRO hearing officer saw the errors with the medical opinion from my first claim.

[Jimmer]

Flores 97, Buck52, Navy4life, and Vync,  Thank you for providing me a wealth of information, concerning my DRO meeting next Monday.  I am in the process of organizing my information, going over the nexus letters,  DBQ and medical journals.  You gave me a good insight on what to expect at the hearing.  The C & P doctor told me he was going to deny my claims, but then told me I had a really good chance of winning on appeal.  Go figure.  Thanks again, for the information, even tho the hearing is a week away, I am not going to wait until the list minute. to be organized.