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. 

[FormerMember]

Buck, if they sent you a transcript, it was recorded. I had one in 1991 and I found the transcript in the c-file in 2009. That was the first indication it had been recorded. I don't have a clue where the microphone was either. I do not recall even being given a choice of on or off the record back then.

[Buck52]

In my opinion all DRO Hearings are recorded in some way, the only thing the DRO mention to me since I chose the informal hearing   the Microphones were to be turned off...but I recieved a written transcript with my official decision letter...maybe someone made a mistake  IDK?

but I have that transcript in my possession and I do think its in my C File   which I requested it before I filed my PTSD Claim  6-15th 2015   not a word on it   and since then my PTSD Claim as be adjudicated and rated. 

Is there any information in the CFR'S About how a Decision Review Officer Hearing is conducted?

I still want my C-file I do want to see if a copy of it is in it  and see what all it has in it?

Is there any information in the Regs as to how a DRO Hearing is conducted and rules?

[Buck52]

I have no Ideal how that MKAH post got in mine? bove??

   Any science or assertion linking: SC Hearing Loss & faster than average hearing loss afterwards?

By MKAH, 1 hour ago

Good morning, this is a post I made...

Edited March 19, 2016 by Buck52

[FormerMember]

Yeah, I did a class on it last week in Vegas. Let me find it and I'll send it over. You can't publish it but I can let you look at it.. It's copyrighted.

[Gastone]

NOD, upon reflection, I wasn't offered the "Informal Hearing" either. Just before we were to start, I asked why I hadn't heard anything regarding an "Informal DRO Evidence Conference" that I had requested 01/14. It was then that the DRO said "We can do it now," and switch back to "Official R & T," anytime I chose to. 

He also stated, after I asked about my being able to record the Official Hearing, "If he recorded,so could I."

A friend had his DRO 09/15, accompanied by his Attorney. No mention of an Informal Hearing was made by the DRO or addressed by his attorney. After the introductions and a brief discussion of the Hearing Issues, DRO had very little to say. Few if any probing questions. After his attorney presented his case, the DRO advised regarding the 60 days for submission of any other N & M Evidence, after which a Decision would be made. 

The Attorney signed off, indicating no further N & M Evidence would be provided. 04/16 will be 9 mos without a Decision.

Semper Fi

 

[Navy4life]

Gastone;

Interesting....I just read the attached document from the VA pertaining to NOD.  Go to 5-B-18 regarding the NOD (Process).  There it states in the "example letter" from the DRO Process Explanation Letter >>>Complete review - "you may be asked to participate in an informal conference by the DRO by the DRO to clarify questions about your disagreement" then look at the NOTE: You are still entitled to a formal hearing to present evidence or testimony at any time during this process.

I know that when I went into my NOD review hearing last month and sat down the DRO started to pull out this "pink" piece of paper.  My DAV rep informed the DRO that we were going "informal" and the DRO didn't bother to fill out the paper.  

There are a lot of "unknowns" that Vet's don't know.  One of the biggest "forgotten" item is the fact that when you file out the NOD you have to specifically request in the NOD that you request a DRO review hearing.  This is often missed by Vet's and some Vet's never get the option for the DRO review hearing.  Their NOD is reviewed without ever getting to speak on their behalf.

Your friend's DRO hearing, which he had an attorney, sounds like he did not have good representation.  I am assuming it went formal?  The formal route is much longer than the informal route.

Again, unless you ask for the informal it is not a given from my understanding....

ch05_secb.doc

Edited March 20, 2016 by Navy4life