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. 

[Navy4life]

This the article I read prior to my NOD review hearing...

http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability

Again, read the paragraph where it states the VETERAN must request an informal hearing via telephone, FAX, or in writing (i.e. the NOD).

Edited March 20, 2016 by Navy4life

[Buck52]

Unless things have change?

Back when I had my DRO Hearing ,RO sent me a letter confirming I have chose the DRO Hearing in my NOD they recieved on date####  and I will be sent a letter letting me know date and time and place for the Hearing.& please be sure to bring any evidence you have in your possession that will be pertinent to your claim.

The DRO will give you his instructions about how the Hearing is performed and swear you in.

If you can not make the Hearing call the RO  ASAP & let them know.(Explanation)  be good Ideal to send a letter with return receipt too!

The most important thing a veteran can do at the beginning of the Hearing is have all his/her ducks in a row and be well prepared, with any new evidence & an organized lay out about your claim (so you don't look like a fool when (ask questions) and its good to take a hubby/wife or good friend with you that knows about your claim.

go over all your evidence an hour or so before the hearing with your Rep or a friend that is with you.by now you should know your claim like the back of your hand

Present your facts to the DRO in good order as the hearing proceeds..

Always know the answer to the questions the DRO Ask.

Plus this is your chance to show in person your disability's and your chance to let him know how it has affected your life. 

There are some more tips that I can't think of right now but this will cover the basics.

Keep in Mind your at your RO and you truly need to get this claim approved here and now  or show a favorable response from your DRO...if not be ready to wait your turn in the Appeal Road  aka VA Hamster wheel.

Remember good probative medical evidence always wins they can't dispute that.

jmo

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

[Navy4life]

Buck;

Yes it has changed since your DRO hearing 14 years ago.  At least that is what I am gathering based on my two posts above.....

[FormerMember]

A good VA lawyer would never allow a DRO review to be conducted off the record. Navy 4 life's link states this:

  A veteran can request an informal hearing in person, by telephone, by fax, e-mail or in writing. The DRO should document the request with Form 119. An informal conference may be held in person at the Regional Office, by telephone, or by video conference. The conference is informal in nature, and the rules of evidence do not apply.

Note the use of the verb 'can', not shall. Can implies being physically able to accomplish something. 'Shall' is a term of compliance. Please also note the sentence:  The conference is informal in nature, and the rules of evidence do not apply.

The idea is to win at the Regional Office level. You go in to a DRO review from a position of strength. You are right and merely there to inform the DRO that the VA is wrong. To me, it is immaterial if he believes me. I wouldn't be there arguing if I was begging for a gift. If the DRO is a butthead and refuses to listen to the case or controversy, you definitely want this in the formal record for the next trip up the ladder (BVA). The DRO's job is to maximize any benefit he  can award by law. This is not a pissing match but a meeting to help Joe Veteran. Unfortunately, from experience, I know VA "shades the truth" or purposefully misinterprets some of the evidence. Sometimes they simply overlook it. This is why you are there. You walk them through it. You do what Buck said above and mostly you should be polite. Telling the DRO he must have been raised by wolves is right out.

[Jimmer]

Buck52, asknod, navy4life, Thank you for all the valuable information, as I get ready for my DRO meeting tomorrow, Monday March 21st.  You have given me a "wealth of information", which I will use at the meeting.  I will let you know how the hearing turns out.  I appreciate all your imput.

[flores97]

Good luck, Jimmer!!