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. 

[Buck52]

Zimmer you will do fine just relax and be open and honest and ask questions if your not sure,if you don't think the DRO touched on something very important to your claim

The DRO is there to help you with your claim if they can  but they go by evidence you provide written or verbally and more important what the C&P Examiners put into their reports to make a decision.

This is your chance for them to get it right & to me there's no better way than face them head to head.

I do hope you get a Veteran friendly DRO or at least someone with some common sense.

hang in there either way it goes  you will win eventually.

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

Edited March 18, 2016 by Buck52

[Jimmer]

Buck52, Thanks for the world of encouragement.  I have all my information, made a set for the DRO person, and numbered each item, along with recap sheet, to show each item.  I feel I have all my "ducks in a row", but I am taking nothing for granted.  I will let you guys know after the hearing on Monday.  Once again, Buck52 and others, thanks for your help.

[Buck52]

Good Luck Jimmer

I believe the statistics is way high on a winning decision when the veteran goes in well prepared/organized and ready and sharp   The DRO's Love that ,makes their job a lot easier and actually puts them in a good mood  vs a veteran that just has a few medical records and unprepared.

TIP= go in and be nice as you can  smile and thank the DRO for giving you the opportunity  to be here and help with your claim...kinda get a good re pore with the DRO  good humor but be serious when you need to be.

you will do fine.

...............Buck 

[FormerMember]

Carefully allocate your time to cover all your issues. I always lay out what I want to accomplish off the record with a DRO before we start. The actual hearing is just for the transcript in case you have to appeal. Most will give you an hour to present it. I've had others who will let you ramble on for 90 minutes. Brevity is the ticket. If you keep pounding in a point over and over you lose your audience. 

As much as I hear the pros and the cons of formal versus informal hearings, a complex case should always be on the record. If you have a tenuous claim that plows new ground like a claim for stomach cancer from Agent Orange, you will want it in the transcript at the BVA when you are denied. Certain claims like HCV due to jetguns are never approved at the AOJs. They simply do not have the authority to grant it.

Similarly, the larger the retro payment, the more inclined a DRO is to punt to the BVA on fourth and 20. If it goes over $25 K, they need three signatures  ([A]VSCM, Director and rater). Sometimes the VSCM or Assistant VSCM are leery of giving all that money away without a fight. Remember too that nobody gets in trouble for denying you with no good reason. There simply is no accountability for purposeful error in VA jurisprudence. This a primary reason why we have so many denials. Well, that and VSO service officer ineptitude. 

[Buck52]

On this informal and formal hearing I agree with asknod, before my Hearing the DRO Introduced himself and laid out the rules of the hearing before the hearing started..and he did mention the informal hearing and the formal hearing the difference between the two.

I had ask for increase in my Severe Hearing  loss at my present 50%SC at the request of my Voc-Rehab Counselor 

my claim was somewhat complicated  when a VA Dr (ENT)opine his statement and delved all the way back to my records when I ETS about some exams I had .

 His impression  He wrote was that being I had these exams at my military ETS and was fit then   then   25 years later I'm still fit  in his opinion this veteran should not ever been VA =SC with the disability's that he so claims..that triggered a PROPOSAL TO REDUCE and the fight was on.

I sent in NOD and was granted a DRO Hearing at my R.O.

I went and got a IME/IMO from a specialist Using  the VA Criteria for hearing loss the whole 9 yards and his opinion...and Notarized  Statements from Family & Friends..and also a Rehab letter from my Voc-Rehab Counselor stating'' it is not feasible to retrain this veteran,at this time due to his SC Disability's''  the DRO used all of this as probative evidence  and over rule that VA Dr. & Declared the VA Audiologist did an Inadequate Hearing test THAT WAS USED FOR RATING PURPOSE BY NOT ADDING THE TEST RESULTS & DRO  used my private testing by the private specialist.

I preferred the informal hearing, but still was sent a type written transcript of the Hearing with my decision..some say you don't get a transcript with a informal hearing?...I did  but it may make a difference if you win your claim  but I personally don't think that matters or not...maybe some one messed up and sent me the transcript not knowing they were not suppose to? IDK...

my point is  there was a court reporter some where in the back ground recording all that was said at my hearing. even after I chose a informal hearing.

I believe there's two ways you can be on record...a microphone is turned on and all discussions between the DRO & Veteran and his rep is  recorded on tape and then there's is the court reporter listens in the background with headphones on to write a transcript....they need some proof that there was a detailed proof of your hearing & the Hearing was conducted in a rightfully legal  manner...incase it goes on to the BVA or CAVC.

jmo

I was lucky but well prepared the DRO Expedite my claim that same day.  TDIU P&T with static in nature and no future exams scheduled.

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

[Navy4life]

Buck

I believe you indicated your DRO WAS 14 years ago?  The informal hearing I had a few weeks ago didn't have anything of the  sort. There were microphones in the room when I walked in but since I chose informal nothing was recorded or transcribed. I don't expect to receive anything like that especially since a "transcript" would only be produced if there was a recording.  That is a legal formality.

I so agree with you and others that the informal was right for me. At least I hope so lol

Edited March 19, 2016 by Navy4life