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]

2 hours ago, rootbeer22 said:

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

 

Rootbeer;

File the NOD as I stated above and specifically ask for a DRO review hearing in the NOD.  List ALL the contentions you feel you were "shafted" on and then file it with the VA.  Also as I stated I am not sure where you are on the 90% scale.  Are you 85% rounded up?  Are you 95% rounded down?  It takes about 50-60% to get to that 100% mark so file the NOD and make sure you have the evidence to prove you deserve the S/C.

Read this article, it's good - http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability

The informal or formal will not come into factor until the day of your hearing with the DRO review hearing officer.

Good luck!

[rootbeer22]

Navy4Life:

Thanks,,,very helpful and I saved the inforamiton. Not having my C-file (After waiting over 8 months is not good) is making this very difficult but I'm going to press on with this....Take Care -Rootbeer22

[Navy4life]

3 minutes ago, rootbeer22 said:

Navy4Life:

Thanks,,,very helpful and I saved the inforamiton. Not having my C-file (After waiting over 8 months is not good) is making this very difficult but I'm going to press on with this....Take Care -Rootbeer22

I got my C-file TWO days before my DRO review hearing!  Talk about having to sift through thousands of documents but I was glad I did b/c I found the so called "medical opinion" along with other documents I needed.

I wound up emailing my local congressman and he got a FOIA request in for me to the VA and that is how I got mine after 3 failed attempts on my own.

Good luck sir!