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. 

[rootbeer22]

Folks:

 

I'm working on my first NOD right now for my original disability claim and pulling it all together. At what point do I ask for a informal or informal RO hearing in the process or should I? I have not received my c-file yet that I requested months ago,  so I'm going to use the records that I have (minus the contractor CP Exams) and am getting help with IMO/IME's from Dr. Ellis. At this point, I'm already at 90% and need to get over the hump for 100%..is there any particular strategy that I should use since I'm already at 90%?

[Navy4life]

1 minute ago, rootbeer22 said:

Folks:

 

I'm working on my first NOD right now for my original disability claim and pulling it all together. At what point do I ask for a informal or informal RO hearing in the process or should I? I have not received my c-file yet that I requested months ago,  so I'm going to use the records that I have (minus the contractor CP Exams) and am getting help with IMO/IME's from Dr. Ellis. At this point, I'm already at 90% and need to get over the hump for 100%..is there any particular strategy that I should use since I'm already at 90%?

When you fill out the NOD you simply state "I request that a DRO hearing be held on my behalf to review the decision on my (list the contentions that are in your NOD)

There is no informal or informal RO hearing.  You will be asked at the DRO hearing if you want an informal hearing or a formal hearing.  That will be totally up to you.

Read my link I posted above about the steps for a DRO.

As far as your 90% are you 85% rounded up or 95% rounded down?  It takes about 50-60% to get you to 100% from what I have read here from other Vet's.

What is your NOD based on?  What are you appealing?  Do you have enough to warrant the decision be overturned?

[rootbeer22]

Navy4Life:

There were errors, straight denials(despite good evidence) and lowballs on some contentions but I still received 90% in the end. Some of my contentions were denied and there was clear evidence in my service medical records that covered these issues with excellent evidence for the specific contentions that I asked to be reviewed. One of my big problems is that a lot of my service medical records are handwritten and it appears that the  "raters"  did not review or accept anything that was handwritten by my in-service doctors? I mistakenly (due to my inexperience) used a VSO at first to submit my disability claim contentions and as I described my conditions, she decided how to list them on the claim? Unfortunately, she rushed me thru this part of the submission process and I believe that it cost me in the long run because it was not clear to the rater? For instance, I've had significant prostrate issues and pain ever since I was in the middle east and it's well documented. Anyway, she listed it as "groin problem" instead of prostatitis ( the actual diagnosis and I have a clear diagnosis and medical service records that cover it). When I challenged her on it, she said, "don't worry, it's in the same general area of the body anyway and the CP docs will figure it out later"? On this one, the rater said, that they could not determine the first incident in service where/when it happened. However, there's clearly a medical record that shows this evidence specifically.  I think once I point it out in the NOD or DRO, it would be a no brainer for at least another 10% for at least this one specific contention. Anyway, there are several other contentions just like this that could push me over the top. Consequently, I withdrew officially from my VSO after this because she was not very well versed on the disability rules/regulations which concerned me? Whenever, I voiced concerns about her not fully understanding the basics of the process, she would always say that. 'Don't worry, the raters will sort it out later"?

Godspeed ...Rootbeer22

 

[Navy04]

Hope all Goes Well Today Bud!!! Good Luck

[Buck52]

Rootbeer

Was this your first SC RATING? 

The 90% you have now?

if so the other ratings you get are only calculated as 1%of 10%  makes it vary had for the veteran to reach the 100% example if you get a 10% on your NOD and or they give you the 10% for prostisitis   thats a combined rating of 91% rounded off back to 90%..you need a 50%increase to put you at 95% when that happens is when you get to 100%

so when you fill out your NOD make sure you file on all the other contentions  no matter how many.. ....you deserve to be 100% buddy.

......Buck

I think the VA does this on purpose.

[Buck52]

Big Big difference in the pay-scale and benefits.